Mahoney v. McGee
Court of Appeals of Kentucky
CASE 60 — PETITION EQUITY APPEAL FROM LARUE CIRCUIT COURT. CITED— Revised Statutes, chap. 86. 2 Duvall, 273; Bush, Sfc., vs. Bush, fyc. 18 B. Mon., 560; Pond vs. Doneghy. Civil Code, sec. 55. 16 B. Mon., 296; Grigsby vs. Strother’s heirs. 6 Dana, 466 ; Vowle’s heirs vs. Buckman. 9 Dana, 533 ; McKee’s heirs vs. Hahn Sp McKee. 7 B. Mon., 61-2; Lampton vs. Usher’s heirs.
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CASE 60 — PETITION EQUITY APPEAL FROM LARUE CIRCUIT COURT. CITED— Revised Statutes, chap. 86. 2 Duvall, 273; Bush, Sfc., vs. Bush, fyc. 18 B. Mon., 560; Pond vs. Doneghy. Civil Code, sec. 55. 16 B. Mon., 296; Grigsby vs. Strother’s heirs. 6 Dana, 466 ; Vowle’s heirs vs. Buckman. 9 Dana, 533 ; McKee’s heirs vs. Hahn Sp McKee. 7 B. Mon., 61-2; Lampton vs. Usher’s heirs. Act of Jan. 12, 1866; Act óf March 1, 1862. Act of March 3, 1863, Myers’ Sup., 422 to 425, and 750. CITED— Rev. Stat., chap. 86, secs. 1, 2, art. 3. 16 B. Mon., 296; Carpenter, <^c., vs Strother's heirs. 18 B. M.on., 781; Wyatt,…
1Opinion of the CourtChief Justice Williams
The original petition for the sale of the infant ward’s land was defective in not making- him a party, and, therefore, the decretal sale was irregular. But when the purchaser, McGee, excepted to the .report of the sale and resisted its confirmation, appellant, as guardian, offered to file an amended petition, making her ward and the purchaser parties, setting out that she had, at his solicitation, contracted to him the land at two thousand seven hundred and fifty dollars; and that she then told him she had no right to sell it, whereupon he said he would consult a lawyer whether a decree of…
2Cases cited1 opinion
- Boyce v. SinclairCourt of Appeals of Kentucky · 1867
3Cited by1 opinion
- Smizer v. InskeepCourt of Appeals of Kentucky · 1884