Legal Opinion

Luttrell v. Wells

Court of Appeals of Kentucky

Decided March 9, 1895PublishedCited by 12 opinions

Case 16 — PETITION EQUITY APPEAL -FROM MASON CIRCUIT COURT. 1. The fact that no bond was executed by the guardian of the infant defendants is fatal to tlie validity of the title acquired by appellant. (Civil Code, sec. 493, sub-divisions 1 and 3; Malone v. Conn, 23 S. W. Rep., 677; Barnett v. Bull, 81 Ky., 127; Fritseh v. IClausing, 11 Ky.

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Case 16 — PETITION EQUITY APPEAL -FROM MASON CIRCUIT COURT. 1. The fact that no bond was executed by the guardian of the infant defendants is fatal to tlie validity of the title acquired by appellant. (Civil Code, sec. 493, sub-divisions 1 and 3; Malone v. Conn, 23 S. W. Rep., 677; Barnett v. Bull, 81 Ky., 127; Fritseh v. IClausing, 11 Ky. Law Rep., 788.) 2. The provision in the judgment that the sale might be made privately and partly for cash was directly in the teeth of sec. 696 of the Civil Code., and for that reason the exceptions should have been sustained. 5. It was error to order the…

1Opinion of the Court

JUDGE EASTIN

delivered ti-ie opinion od the court.

This is an equitable action brought for the sale of real estate in which there are remainders interests, for investment of the proceeds in other real property, under the provisions of sec. 491 of the Civil Code.

The property sought. to be sold consists of a farm in Mason county, Kentucky, the title to which is held under the following provision in the will of Richard Wells, deceased, to-wit:

“I give and bequeath to my son, William Y. Wells, the rents and profits of the farm upon which lie lives, during his life. Said farm contains about one…

2Cases cited1 opinion

  1. Lindemeier v. LindemeierCourt of Appeals of Kentucky · 1891

3Cited by12 opinions

  1. Wakenva Coal Company, Inc. v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1930
  2. Goff v. RenickCourt of Appeals of Kentucky · 1913
  3. Guest v. FosterCourt of Appeals of Kentucky · 1914
  4. Gillespie v. Winston's TrusteeCourt of Appeals of Kentucky · 1916
  5. Latta v. Louisville Trust Co.Court of Appeals of Kentucky · 1923

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