Bustard v. Gates
Court of Appeals of Kentucky
Jfrit of right. From the Circuit Court for Jefferson County. Proceedings, in 1812, by motion, against ¡Sullivan's beirs;judg’t,and sale of ¡lie land in controversy, under the execution ; deed by tho sheriff', and try others, successively, down to. Bustard; and this action brought, in 1833, for the land, by the only Surviving heir, under the idea that the judg’t' on the motion, &' sale by the sheriff, were void’ ’ Decisions of the circuit court—reaped here.
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Jfrit of right. From the Circuit Court for Jefferson County. Proceedings, in 1812, by motion, against ¡Sullivan's beirs;judg’t,and sale of ¡lie land in controversy, under the execution ; deed by tho sheriff', and try others, successively, down to. Bustard; and this action brought, in 1833, for the land, by the only Surviving heir, under the idea that the judg’t' on the motion, &' sale by the sheriff, were void’ ’ Decisions of the circuit court—reaped here. The judg't of a court of competent jvrw^icyyiU tho’ erVcmeoi^ ss binding until it is reversed, &. is sufficient tp up, hold a sale of…
1Opinion of the CourtChief Justice Robertson
On the 9th of November, 1812, Thomas Prather having filed in the Jefferson Circuit Court, then in session, a paper purporting to be a notice—undated and unserved— of a contemplated motion by him, against the heirs of William Sullivan, deceased, for a judgment in that Court, on the 13th day, then to come, of that term, for money which, as recited, he had paid as one of Sullivan’s sureties—-the Court, thereupon, and on the same day, appointed James Ferguson guardian ad litem for all of the heirs excepting the wife of James W. Denny. Afterwards, on the 23d of the same month—which, as we presume,…
2Cited by31 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Horner v. DoeIndiana Supreme Court · 1848
- Good v. NorleySupreme Court of Iowa · 1869
- Johnson v. CarrollCourt of Appeals of Kentucky · 1921
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
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