Legal Opinion

Shelby v. Harrison

Court of Appeals of Kentucky

Decided May 6, 1886PublishedCited by 18 opinions

Case 21 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. 1. Vested real estate of infants can be sold only under the provisions of title 10, chapter 14, Civil Code, and the proceedings must be in conformity thereto. 2. In a suit under subsection 2, of section 490, of the Civil Code, for the sale of the real estate of infants, it must not only be alleged but proved that the property can not be divided without greatly impairing its value. 3. A sale can not be had of the…

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Case 21 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. 1. Vested real estate of infants can be sold only under the provisions of title 10, chapter 14, Civil Code, and the proceedings must be in conformity thereto. 2. In a suit under subsection 2, of section 490, of the Civil Code, for the sale of the real estate of infants, it must not only be alleged but proved that the property can not be divided without greatly impairing its value. 3. A sale can not be had of the vested real estate of an infant where the purpose is simply to convert it into money. 4. As the infants were neither…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

Carter H. Harrison, Jr., and Caroline Harrison .brought this action under subsection 2, section 490, *146Civil Code, for the sale of certain, tracts of land in Henderson county, a vested estate in which they owned jointly with William P. and Sophia Harrison, infants, residing in the State of Hlinois, who,, together with Carter H. Harrison, their guardian, and likewise a resident of that State, were made defendants.

In the answer filed by Carter H. Harrison, he stated, that, answering as the father and statutory guardian of the infant defendants, and…

2Cited by18 opinions

  1. Goff v. RenickCourt of Appeals of Kentucky · 1913
  2. Ellis v. Smith's GuardianCourt of Appeals of Kentucky · 1912
  3. Powell v. BaerCourt of Appeals of Kentucky · 1911
  4. Scott v. GravesCourt of Appeals of Kentucky · 1913
  5. Howard v. SingletonCourt of Appeals of Kentucky · 1893

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