Legal Opinion

Hieatt v. Schmidt

Court of Appeals of Kentucky

Decided February 3, 1905PublishedCited by 2 opinions

Case 77 — Proceedings by John Schmidt, Exu., etc. against Joe Hieatt and Others fob a Judicial Sale of Infant’s Real Estate. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION NO. 1.-Shackelford Miller, Judge. From the Judgment Confirming the Sale, Hieatt and Others . Appeal. POINTS AND AUTHORITIES. 1. An infant can not, either by statutory guardian or by attorney, waive a statutory requirement. Meddis & Southwick v. Fenley, 17 Ky.

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Case 77 — Proceedings by John Schmidt, Exu., etc. against Joe Hieatt and Others fob a Judicial Sale of Infant’s Real Estate. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION NO. 1.-Shackelford Miller, Judge. From the Judgment Confirming the Sale, Hieatt and Others . Appeal. POINTS AND AUTHORITIES. 1. An infant can not, either by statutory guardian or by attorney, waive a statutory requirement. Meddis & Southwick v. Fenley, 17 Ky. Law Rep.; Gay v. City of Louisville, 93 Ky., 349; Elliott v. Fowler, &c., 65 S. W. R., 849. 23 Ky. Law Rep., 1676. 2. Advertising a sale of real estate in a…

1Opinion of the Court

Opinion by

JUDGE SETTLE

Affirming.

The sole question presented for our consideration by the record in this case is; Can an infant party to an action brought to obtain a decree for the sale of real estate, of *613which such infant is part owner, with the chancellor’s approval, consent, through his statutory guardian, to a sale thereof without the newspaper advertisement required by section , 11a, Kentucky Statutes, 1903? The section-supra contains the following provision: “That in addition to the notices now required by law to be posted, all public sales of any kind of property, when sold under…

2Cases cited3 opinions

  1. Kingsbury v. BucknerSupreme Court of the United States · 1890
  2. Rainey v. ChambersTexas Supreme Court · 1881
  3. Andrews v. HallSupreme Court of Alabama · 1848

3Cited by2 opinions

  1. Finney v. FinneyCourt of Appeals of Kentucky · 1911
  2. Pollard v. HamiltonCourt of Appeals of Kentucky · 1918

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