Barber's Administrators v. Hopewell
Court of Appeals of Kentucky
CASE 46 — PETITION EQUITY APPEAL FROM PATH CIRCUIT COURT. The facts of the case appear in the opinion of the court. 1. As this proceeding was instituted under chapter 86, section 2, Revised Statutes, page 592, it was indispensably necessary for the guardian to have executed his covenant before the court could have power to order a sale. The judgment and sale under it are therefore void. 2. The 543d section of the Civil Code does not apply to this case.
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CASE 46 — PETITION EQUITY APPEAL FROM PATH CIRCUIT COURT. The facts of the case appear in the opinion of the court. 1. As this proceeding was instituted under chapter 86, section 2, Revised Statutes, page 592, it was indispensably necessary for the guardian to have executed his covenant before the court could have power to order a sale. The judgment and sale under it are therefore void. 2. The 543d section of the Civil Code does not apply to this case. That section pre-supposes that some of the infants have no guardians, that the land is of less value than the houses built on it, and that a…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
This was a petition for the sale of two houses and lots in Owingsville, owned, in part, by certain infants in conjunction with an adult sister, all of whom, together with the three guardians of the infants, unite as plaintiffs.
It is alleged in the petition that the houses and lots cannot be divided, and that a sale of them will redound to the interest of all the parties, and they pray that they be sold and the proceeds be distributed according to the lights of the several owners.
The three commissioners, who were appointed for that purpose,…
2Cited by4 opinions
- Armstrong v. PrattWisconsin Supreme Court · 1853
- Revill's heirs v. Claxon's heirsCourt of Appeals of Kentucky · 1877
- Marsee v. RichmondCourt of Appeals of Kentucky · 1922
- State v. EmersonSupreme Court of New Hampshire · 1873