Todd v. Dowd's heirs
Court of Appeals of Kentucky
CASE 48 — PETITION EQUITY ATFEAL FROM CAMPBELL CIRCUIT COURT. The facts appear in the opinion of the court. Appellant, in answer to the rule, had the right to avail himself of any irregularities in the proceedings. The evidence is not sufficient to show that the sale would not be detrimental to the interests of the infants. As the infants are non-residents, a bond should have been executed to them before judgment.
Read the full summary
CASE 48 — PETITION EQUITY ATFEAL FROM CAMPBELL CIRCUIT COURT. The facts appear in the opinion of the court. Appellant, in answer to the rule, had the right to avail himself of any irregularities in the proceedings. The evidence is not sufficient to show that the sale would not be detrimental to the interests of the infants. As the infants are non-residents, a bond should have been executed to them before judgment. (Civil Code, sections 88, 440.) The petition was brought under sec. 543 of the Civil Code. This is not a case to which the 86th chapter of the Revised Statutes applies. After the…
1Opinion of the Court
JUDGE STITES
delivered the opinion oe the court:
This was a proceeding under the Civil Code {section 543) to sell a house and lot in the city of Newport, belonging to the heirs-at-law of Bryan Dowd, deceased. The petition was filed by two of the heirs, who were adults, against others who were infants and non-residents.
It was alleged that the property could not be divided without greatly impairing its value, and proof taken in support of the allegation by affidavit. The non-resident infants were before the court by constructive service, and an answer filed in their behalf by their guardian ad…
2Cases cited1 opinion
- Carpenter v. Strother's HeirsCourt of Appeals of Kentucky · 1855
3Cited by64 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
59 more not listed; retrieve them via the Exa API.