Applegate v. Cook

Court of Appeals of Kentucky

Applegate v. Cook

9 Ky. Op. 31, 1876 Ky. LEXIS 303

DecidedFebruary 12, 1876

StatusPublished

This text of 9 Ky. Op. 31 (Applegate v. Cook) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Applegate v. Cook, 9 Ky. Op. 31, 1876 Ky. LEXIS 303 (Ky. Ct. App. 1876).

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Opinion

Opinion by

Judge Pryor:

One of the infant defendants, W. J. Applegate, was not before the court, and had not been served with process; and no guardian ad litem was appointed for James Applegate; and the answer of the guardian ad litem for William J. Applegate was not an appearance, as this infant, although a party, had not been summoned.

The title to the land being in the infant defendants, the purchaser acquired no right to the interest of those before the court. The judgment is reversed and cause remanded with directions to set aside the sale'and cancel the deed to the appellee, and for further proceedings consistent with the opinion.

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Opinion by

Judge Pryor:

One of the infant defendants, W. J. Applegate, was not before the court, and had not been served with process; and no guardian ad litem was appointed for James Applegate; and the answer of the guardian ad litem for William J. Applegate was not an appearance, as this infant, although a party, had not been summoned.

The title to the land being in the infant defendants, the purchaser acquired no right to the interest of those before the court. The judgment is reversed and cause remanded with directions to set aside the sale'and cancel the deed to the appellee, and for further proceedings consistent with the opinion.

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Bluebook (online)

9 Ky. Op. 31, 1876 Ky. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/applegate-v-cook-kyctapp-1876.