Carpenter v. Strother's Heirs
Court of Appeals of Kentucky
APPEAL PROM NELSON CIRCUIT. The facts of the case are stated in the opinion of the Court. Rep. The appellants purchased real estate, under a decree of the Nelson Circuit Court, belonging to infants, and finding the proceedings void, for error in conducting the case to a hearing, moved the court to quash the sale, and proceeding for errors apparent on the face of the record, which being- overruled they have appealed to this court.
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APPEAL PROM NELSON CIRCUIT. The facts of the case are stated in the opinion of the Court. Rep. The appellants purchased real estate, under a decree of the Nelson Circuit Court, belonging to infants, and finding the proceedings void, for error in conducting the case to a hearing, moved the court to quash the sale, and proceeding for errors apparent on the face of the record, which being- overruled they have appealed to this court. They contend — 1. That the court had no jurisdiction to decree the sale. The Revised Statutes, 592, says, “That before a court shall have jurisdiction to ‘ decree a…
1Opinion of the Court
Judge Simtson
deliYered the opinion of the Court.
This is a motion made by the purchasers of a tract of land which was sold by a commissioner, under a judgment of the Nelson Circuit Court, rendered in an action brought in 1852, for the sale of real estate of infants, to quash the sale, and the sale bonds executed by them, on grounds appearing in the record of said proceedings.
The petition was filed in the name of three of the infant heirs, who sued by their statutory guardian, and the other heirs, some of whom were infants and others married women, were all made parties to it. A judgment…
2Cited by6 opinions
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Ammons v. AmmonsWest Virginia Supreme Court · 1901
- Wise v. WolfCourt of Appeals of Kentucky · 1905
- Kaze v. Wheat's GuardianCourt of Appeals of Kentucky (pre-1976) · 1928
- Perin v. MegibbenCourt of Appeals for the Sixth Circuit · 1892
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