Hulsewede v. Churchman's Extx.
Court of Appeals of Kentucky
Case 5 — Action for a Settlement of an Estate and fob a Sale of Land to Pay Debts of Testator. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment Confirming Sale, and the Purchasers, Hulsewede, &c., Appeal. POINTS AND AUTHORITIES. There can be no valid sale of an infant’s real estate where the infant is not before the court. Nor after the sale can the infant be brought before the court and the previous void sale ratified or confirmed.
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Case 5 — Action for a Settlement of an Estate and fob a Sale of Land to Pay Debts of Testator. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment Confirming Sale, and the Purchasers, Hulsewede, &c., Appeal. POINTS AND AUTHORITIES. There can be no valid sale of an infant’s real estate where the infant is not before the court. Nor after the sale can the infant be brought before the court and the previous void sale ratified or confirmed. Jenkins v. Crofton’s Admr., 10 Ky. Law Rep., 456; Hocker v. Montague’s Admr., 16 Ky. Law Rep., 766; Robinson, Jr., v. Clark, 17 Ky. Law Rep.,…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Reversing.
John Churchman died on May '7, 1897, a resident of Jefferson counts’, the owner of a tract of land on which he resided wi th his family. His personal estate was insufficient for the pajunent of his debts. His widow, who qualified as his executrix, filed this suit for the' settlement of the estate and a sale of a part of the land to .pay the debts. The decedent left five children,- — ■ two of age, two over 14, and and one under 14, years old. The children were made defendants to the petition filed by the executrix. A guardian ad litem was appointed…
2Cases cited6 opinions
- Langyher v. Patterson & BashSupreme Court of Virginia · 1883
- Cornwall v. CornwallCourt of Appeals of Kentucky · 1869
- Kinslow v. GroveCourt of Appeals of Kentucky · 1895
- Cunningham v. AndersonSupreme Court of Missouri · 1891
- Marshall v. MarshallCourt of Appeals of Kentucky · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Vickers v. VickersCourt of Appeals of Kentucky · 1920
- Noel v. HarperCourt of Appeals of Kentucky · 1916
- Schlickman v. DusingCourt of Appeals of Kentucky · 1918
- Clay's Guardian v. RiceCourt of Appeals of Kentucky · 1916
- Barry v. Fain's AdministratorCourt of Appeals of Kentucky · 1916
3 more not listed; retrieve them via the Exa API.