Watts v. Wilson
Court of Appeals of Kentucky
Case 88 — PETITION EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. Section 16 of article 2, chapter 48 of the General Statutes, is not repealed by sub-section 4 of section 35 of the Civil Code, and a foreign guardian can not prosecute such an action as this without complying with the provisions of that statute. (Civil Code of Practice, sec. 37; Sedgwick on Statutory Construction, pp. 98, 98 («), 99 (m), 100 («),' 105, 106; Eliz. & Pad.
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Case 88 — PETITION EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. Section 16 of article 2, chapter 48 of the General Statutes, is not repealed by sub-section 4 of section 35 of the Civil Code, and a foreign guardian can not prosecute such an action as this without complying with the provisions of that statute. (Civil Code of Practice, sec. 37; Sedgwick on Statutory Construction, pp. 98, 98 («), 99 (m), 100 («),' 105, 106; Eliz. & Pad. R. Co. v. Trustees of Elizabethtown, 12 Bush, 237; Smith v. Belmont & Nelson Iron Co., 11 Bush, 391; Commonwealth for, &c., v. Boone County Court, 82 Ky.; 635;…
1Opinion of the Court
•CHIEF JUSTICE HOLT
delivered the opinion of the court.
The widow and heirs of W. B. Wilson, who died a resident of Kansas, brought this action under section 490 of the Civil Code to obtain a • sale of a lot in Lincoln ■county upon the ground that the share of each owner was worth less than one hundred dollars. This fact being shown, a judgment was rendered under which the property was sold and purchased by the appellant, T. C. Watts. Exceptions were filed by him to the report of the sale, and he appeals from the order of confirmation.
One of the heirs is an infant, residing in Kansas. He is a…
2Cited by4 opinions
- Baker v. WeaksCourt of Appeals of Kentucky · 1917
- Bowles v. BowlesCourt of Appeals of Kentucky (pre-1976) · 1933
- Fidelity Trust Co. v. Davis Trust Co.West Virginia Supreme Court · 1914
- Blackburn v. Browning's GuardianCourt of Appeals of Kentucky (pre-1976) · 1932