Hall v. Scott's Adm'r
Court of Appeals of Kentucky
Case 54 — PETITION EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. It was error to adjudge a lien in favor of Morrison for the reason that his alleged lien rests upon a void title, or rather upon no title at all. Morrison’s judgment was void, and the chancellor had the right to enjoin further proceedings thereunder. (Landrum v. Farmer, 7 Bush, 46.) If a decree is void, it is a nullity as to both parties, and as to all other persons.
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Case 54 — PETITION EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. It was error to adjudge a lien in favor of Morrison for the reason that his alleged lien rests upon a void title, or rather upon no title at all. Morrison’s judgment was void, and the chancellor had the right to enjoin further proceedings thereunder. (Landrum v. Farmer, 7 Bush, 46.) If a decree is void, it is a nullity as to both parties, and as to all other persons. (Hynes v. Oldham, 3 Mon., 267.) All proceedings and sales under a void judgment are void. (Roberts v. Stowers, 7 Bush, 296.) Morrison is barred from enforcing his…
1Opinion of the Court
JUDGE BENNETT
dki-Tvered the opinion oe the cotjkt.
The appellee, as administrator of J. S. Scott, sued the appellant, Mary A. Hall and her husband on a promissory note executed by them to said Scott as a part of the price of the land in controversy. The deed to said land was executed to the appellant, Mary A. Hall, by said Scott and J. Gr. Carlisle on the 31st of October, 1870.
Said Scott had no title to said property, nor did he pretend to have any; but, doubtless, being entitled. *342by some arrangement with J. GK Carlisle, the real vendor, to the purchase-price of said land, he joined in the…
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