Legal Opinion

Wise v. Wolf

Court of Appeals of Kentucky

Decided March 25, 1905PublishedCited by 12 opinions

Case 33. — ACTION BY FRANCES WOLFE AND OTHERS FOR A JUDICIAL SALE OF LAND AND DIVISION OF THE PROCEEDS AMONG THOSE IN INTEREST. Appeal from Shelby Circuit Court. R. F. Peak, Circuit Judge. From the Judgment overruling exceptions to the sale the purchaser, E. IT. Wise, appeals.

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Case 33. — ACTION BY FRANCES WOLFE AND OTHERS FOR A JUDICIAL SALE OF LAND AND DIVISION OF THE PROCEEDS AMONG THOSE IN INTEREST. Appeal from Shelby Circuit Court. R. F. Peak, Circuit Judge. From the Judgment overruling exceptions to the sale the purchaser, E. IT. Wise, appeals. SYNOPSIS OF ARGUMENT AND AUTHORITIES. 1. Appellant Wise did not know, and was never informed, that there would be special term of Shelby Circuit Court held February 20, 1904. 2. The order of Shelby Circuit Court of February 6, 1904, calling for a special term of. that court on February 20, 1904, was not constructive…

1Opinion of the Court

Opinion by

Judge 0 ’Rear

Affirming.

Herman Rothschild owned about 400 acres of land *267in Slielby county — part of it jointly with one of his sons. Herman died testate, making an unequal disposition of his estate. Several of his children have since died intestate and unmarried. The children were not all full brothers and sisters. In consequence, the land, having been owned in several tracts though adjoining, was not susceptible of division — even if it be deemed as one tract — so as to set off to some of the ultimate heirs their respective portions, without greatly impairing its value. This suit…

2Cases cited12 opinions

  1. Bean v. Haffendorfer Bros.Court of Appeals of Kentucky · 1887
  2. Dawson v. LitseyCourt of Appeals of Kentucky · 1874
  3. Tate v. HawkinsCourt of Appeals of Kentucky · 1884
  4. McCracken County v. Mercantile Trust Co.Court of Appeals of Kentucky · 1886
  5. Prewitt v. WorthamCourt of Appeals of Kentucky · 1881

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. City of Louisa v. HortonCourt of Appeals of Kentucky (pre-1976) · 1935
  2. City of Middlesboro v. TerrellCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Kaze v. Wheat's GuardianCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Pedley v. WilliamsCourt of Appeals of Kentucky · 1918
  5. Duvall v. ParepointCourt of Appeals of Kentucky · 1916

7 more not listed; retrieve them via the Exa API.

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