Henning v. Harrison
Court of Appeals of Kentucky
Case 30 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. The court below erred in overruling the appellant’s objections, as purchaser, to the confirmation of the sale, because the proceeding under which the sale was adjudged (under chap. 63, Gen. Stat.), did not conform to said chapter, in that the required covenants to married women and infants were not executed; the commissioners were not appointed, etc.; and also in that the sale was in contravention of the will…
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Case 30 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. The court below erred in overruling the appellant’s objections, as purchaser, to the confirmation of the sale, because the proceeding under which the sale was adjudged (under chap. 63, Gen. Stat.), did not conform to said chapter, in that the required covenants to married women and infants were not executed; the commissioners were not appointed, etc.; and also in that the sale was in contravention of the will of'Mrs. Flournoy, under which the parties derived title. 1. The act of March 14, 1851 (Acts 1851, 461) authorizing Mrs.…
1Opinion of the Court
JUDGE COFER
delivered the opinion op the court.
1. We entertain no doubt of the validity of the will of Mrs. Flournoy, and as that point seems not to be insisted on we need not elaborate it.
2. The proceeding was under article 4 of chapter 63, General Statutes, and the object was to sell the property and reinvest the proceeds. In such a case the proceedings are only required to conform to the provisions of article 3 so far as is *725necessary. Under that article the appointment of commissioners is required; but even there the failure to appoint such commissioners does not render the judgment void or…
2Cases cited2 opinions
- Griffith v. BurtonCourt of Appeals of Kentucky · 1869
- Paul v. PaulCourt of Appeals of Kentucky · 1868
3Cited by7 opinions
- Wyatt's Trustee v. GriderCourt of Appeals of Kentucky · 1914
- Ford v. MayCourt of Appeals of Kentucky · 1914
- Vickers v. VickersCourt of Appeals of Kentucky · 1920
- Graham's Heirs v. KitchenCourt of Appeals of Kentucky · 1904
- Perin v. MegibbenCourt of Appeals for the Sixth Circuit · 1892
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