Baker v. Baker
Court of Appeals of Kentucky
Case 72 — PETITION APPEAL FROM KNOX CIRCUIT COURT. 1. The judgment appealed from is void for the reason that appellant had no notice of the filing of the mandate. After an appeal and reversal a ease does not stand for trial in the lower court until notice of the filing of the mandate has been given. (Civil Code, section 761, subsection 2.) 2. If the judgment is not void, it is erroneous in so far as it cancels the deeds to appellant and i-ostores the title to appellees.
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Case 72 — PETITION APPEAL FROM KNOX CIRCUIT COURT. 1. The judgment appealed from is void for the reason that appellant had no notice of the filing of the mandate. After an appeal and reversal a ease does not stand for trial in the lower court until notice of the filing of the mandate has been given. (Civil Code, section 761, subsection 2.) 2. If the judgment is not void, it is erroneous in so far as it cancels the deeds to appellant and i-ostores the title to appellees. The reversal of a judgment does not affect the title of a purchaser under it, even though the plaintiff be the purchaser. As…
1Opinion of the CourtChief Justice Lewis
In March, 1880, D. C. Baker recovered a personal judgment for about six thousand dollars against John W. Baker, and two tracts of land; which the latter had, in 1877, conveyed to Caroline P. Jackson and John E. Baker, were made subject and directed sold to satisfy it.
From that judgment an appeal was taken, and in April, 1883, it was reversed by this court.
At the February term, 1884, of the lower court, the *463opinion and mandate of this court were filed, and it appears from the transcript before us an amended answer, was then filed, and the actions submitted; though another order filing the…
2Cases cited1 opinion
- Yocum v. ForemanCourt of Appeals of Kentucky · 1879
3Cited by10 opinions
- Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
- Threadgill v. ColcordSupreme Court of Oklahoma · 1906
- Blake v. WolfeCourt of Appeals of Kentucky · 1901
- Drovers' & Mechanics' Nat. Bank v. Northern Coal & Coke Co.Court of Appeals of Kentucky · 1909
- Lloyd v. MatthewsCourt of Appeals of Kentucky · 1891
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