Hieatt v. Schmidt
Court of Appeals of Kentucky
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
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Rainey v. ChambersTexas Supreme Court · 1881
- Andrews v. HallSupreme Court of Alabama · 1848
3Cited by2 opinions
- Finney v. FinneyCourt of Appeals of Kentucky · 1911
- Pollard v. HamiltonCourt of Appeals of Kentucky · 1918