Commonwealth, Department of Highways v. Kelley

MOREMEN, Judge.

This is an action by the Commonwealth of Kentucky to condemn a tract of land in Fayette County. After judgment in the county court both parties appealed to the circuit court where it was held that the Commonwealth had not perfected its appeal because it had failed to join as a party appellee, John E. Kelley, who was an indispensable party.

The property sought to be condemned had been devised to S. B. Kelley for life with remainder in fee simple to his issue and in default of issue to the then existing heirs at law of the testator as determined at the time of the death of S. B.…