Oliver v. Park
Court of Appeals of Kentucky
Case 1 — PETITION EQUITY 1. Where infants are parties to an action every step required by law must be pursued, or the judgment will be void. In this case the infants were not represented by any guardian ad litem, and. the non-residents were not represented by an attorney. 2. The sale was absolutely void because there was no advertisement of it.
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Case 1 — PETITION EQUITY 1. Where infants are parties to an action every step required by law must be pursued, or the judgment will be void. In this case the infants were not represented by any guardian ad litem, and. the non-residents were not represented by an attorney. 2. The sale was absolutely void because there was no advertisement of it. The commissioner advertised the land for sale on the twentieth day of November, 1886, but on that day it was not sold, and the same was postponed to a subsequent time and made under the old advertisement. Under such circumstances, the sale is void.…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court:
In March, 1876, W. W. Park, administrator of Scrivner, filed suit in the Estill Circuit Court against the widow and children of his intestate, alleging that two of said children, Yalentine and Hilda, were non-residents, and that B. Scrivner and Susan were infants under twenty-one years of age. No warning order was asked against the children alleged to he non-residents, and no attorney was appointed to defend for them. The petition also failed to allege that the infant defendants had or had not a statutory guardian, and no guardian ad litem was…
2Cases cited5 opinions
- Simmons v. McKayCourt of Appeals of Kentucky · 1868
- Keller v. WilsonCourt of Appeals of Kentucky · 1890
- Smith v. FergusonCourt of Appeals of Kentucky · 1861
- Richards v. Richards's adm'rCourt of Appeals of Kentucky · 1874
- Cox v. StoryCourt of Appeals of Kentucky · 1882
3Cited by9 opinions
- Harrod v. HarrodCourt of Appeals of Kentucky · 1915
- Spradlin v. Stanley's Adm'rCourt of Appeals of Kentucky · 1907
- White v. WhiteCourt of Appeals of Kentucky (pre-1976) · 1943
- Harris v. HopkinsCourt of Appeals of Kentucky · 1915
- Massingale v. ParkerCourt of Appeals of Kentucky · 1921
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