Johnson v. Johnson
Court of Appeals of Kentucky
Case 46 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. An error in the pleadings and judgment as to the quantity of land directed to be sold, may be corrected on application of the parties interested, although more than sixty days had expired since the entry of the erroneous judgment. Appearance to the amended petition having been entered, no process was necessary. (Richards v. Richards, TO Bush, 619; Elliott v. Ketchum, 14 Bush, 289; Bacon v. Bills, 6 Ky.
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Case 46 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. An error in the pleadings and judgment as to the quantity of land directed to be sold, may be corrected on application of the parties interested, although more than sixty days had expired since the entry of the erroneous judgment. Appearance to the amended petition having been entered, no process was necessary. (Richards v. Richards, TO Bush, 619; Elliott v. Ketchum, 14 Bush, 289; Bacon v. Bills, 6 Ky. L. R., 218; Ramage v. Clemens, 4 Bush, 162.) An amended judgment entered more than sixty days after the rendition of a final…
1Opinion of the Court
JUDGE BENNETT
deliveebd the opinion or the couet.
The appellant instituted this action in equity against the infant appellees and their statutory guardian, the Louisville Safety Vault and Trust Company, for the purpose of procuring a sale of the lot of ground in controversy, which is owned jointly by the appellant and infant appellees. The sale was sought on the ground that the lot was indivisible, etc. A judgment *277was rendered directing the sale of the lot. The lot was sold under this judgment; but before the sale was confirmed, the appellant filed an amended petition, in which he sought to set…
2Cases cited1 opinion
- Bank of Commerce v. Payne, Viley & Co.Court of Appeals of Kentucky · 1887
3Cited by2 opinions
- Aylor v. AylorCourt of Appeals of Kentucky · 1914
- Commonwealth v. KaneCourt of Appeals of Kentucky · 1892