Hogue v. Yeager
Court of Appeals of Kentucky
■Case 05 — ACTION FOR SALE AND PARTITION — APPEAL FROM JEFFERSON. CIRCUIT COURT, CHANCERY DIVISION. • 1. The allegations of the amended answer and cross-petition of Katie Williams, &c., are sufficient to sustain the warning order issued thereon. Ky. Stats., sec. 1639; Foulks v. Rhea, 7 Bush, 568; Bank of Louisville v. Bd. of Trustees, 83 Ky., 230. 2. Allegations as to unknown heirs.
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■Case 05 — ACTION FOR SALE AND PARTITION — APPEAL FROM JEFFERSON. CIRCUIT COURT, CHANCERY DIVISION. • 1. The allegations of the amended answer and cross-petition of Katie Williams, &c., are sufficient to sustain the warning order issued thereon. Ky. Stats., sec. 1639; Foulks v. Rhea, 7 Bush, 568; Bank of Louisville v. Bd. of Trustees, 83 Ky., 230. 2. Allegations as to unknown heirs. Civil Code, sec. 57, sub-sec. 4. 3. Allegations for warning order may be made in. tbe alternative. Civil Code, sec. 113, sub-sec. 4. 4. Section 410 of tbe Civil Code does not apply to this character of case. 5.…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
This suit was instituted by Mrs. Hogue aud ber husband, as heir at law of her deceased father, George Yeager, to obtain a judgment for tbe sale of a tract of thirty-seven and one-half acre® of land owned by him in his lifetime, and which at his death descended to his heirs at law, upon *583the ground that the property could not be divided without materially impairing its value, or the value of the plaintiff’s interest therein, under the provisions of section 490 of' the Civil Code; all of the remaining heirs being made defendants thereto; the purpose…
2Cited by5 opinions
- War Fork Land Company v. CarrCourt of Appeals of Kentucky (pre-1976) · 1930
- Bethel College v. GladdishCourt of Appeals of Kentucky · 1924
- Adams v. De DominquesCourt of Appeals of Kentucky · 1908
- Grausz v. ConleyCourt of Appeals of Kentucky (pre-1976) · 1934
- Underwood v. CunninghamCourt of Appeals of Kentucky (pre-1976) · 1948