Moseley v. Stroud
Court of Appeals of Kentucky
Case 51 — Action by C. J. Moseiey Against Maby Stroud to Recover an Interest in Land Bought at Execution Sale. APPEAL FROM DAVIESS CIRCUIT COURT-W. T. OWEN, CIRCUIT JUDGE Judgment for Defendant and Plaintiff Appeals. CLASSIFICATION AND SYNOPSIS OF BRIEF AND AUTHORITIES. 1. The issue raised by the appellee is collateral, and should not be considered in this action.
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Case 51 — Action by C. J. Moseiey Against Maby Stroud to Recover an Interest in Land Bought at Execution Sale. APPEAL FROM DAVIESS CIRCUIT COURT-W. T. OWEN, CIRCUIT JUDGE Judgment for Defendant and Plaintiff Appeals. CLASSIFICATION AND SYNOPSIS OF BRIEF AND AUTHORITIES. 1. The issue raised by the appellee is collateral, and should not be considered in this action. (1) The person having or claiming an adverse interest is neither a necessary nor a proper party to an action for the division of land held jointly. Kentucky ¡Civil Code of Practice, sec. 499; McIntyre v. McIntyre, 82 ,Ky., 502;…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE BURNAM
Affirming.
Appellant brought this action under section 499 of the *417Civil Code of Practice to have allotted to him an undivided one-sixth interest in a tract of 100 acres of land. He. alleges in his petition that the other five-sixths interest in the land was owned and held by defendants as heirs at law of one Charles Wilhite; that he had acquired title to the one-sixth interest claimed by purchase thereof on the 16th of March, 1896, at an execution sale made by the sheriff .of Daviess county under an execution which issued from the clerk’s office of…
2Cited by1 opinion
- Ison's Admr. v. CornettCourt of Appeals of Kentucky · 1917