Jeffreys' Heirs v. Hand's Heirs
Court of Appeals of Kentucky
Chancery. From the Circuit Court for Bourbon County.
1Opinion of the CourtChief Justice Robertson
The bill in this case might be maintained as a bill of review, for error in law apparent on the face of the decree sought to.be'reviewed: for. the decree was rendered against persons as unknown heirs, upon an affidavit by only one of several co-complainants. Such a proceeding should be strictly construed. And we understand the statute which prescribes it to mean that the complaining party, that is, all who are complainants, shall make affidavit that the heirs are unknown to them.— Any other construction would be unreasonable; for, when there are several complainants, all of them, except one…
2Cited by2 opinions
- Kane v. Rock River Canal Co.Wisconsin Supreme Court · 1862
- Stoneman v. BilbyCourt of Appeals of Texas · 1906