Bess v. Hagan

Opinion by

Judge Pryor:

There is a plain distinction between this case and that of Barbee v. Fox, 79 Ky. 588, 3 Ky. L. 426, 654. There the lien of the contractor had been enforced against the realty owned by a nonresident, and Fox (the nonresident) was before the court by constructive service only. The heirs of Fox came in and asked to be allowed to relieve the lien and under Meyers’ code had five years after the rendition of the judgment in which to appear and move to have the action retried. This the heirs did, and their case being heard in this court they were permitted to redeem.

Here the…