Kidd v. Roundtree

Judge Thomas

(dissenting).

I agree with the general rule approved in the opinion allowing good faith purchasers to recover the increased vendible value of land by virtue of their improvements when they are later deprived of the title; but in this case the judgment under which the improving claimants purchased the land that they later improved was adjudged by us in the case of Kidd et al. v. Kidd et al., 276 Ky. 271, 124 S. W. (2d) 66, to be void because the court in rendering it did.not have before it some infant joint owners, and because of which the court had no jurisdiction of their persons.…