Harper v. Gilliam

Court of Appeals of Kentucky (pre-1976)

Harper v. Gilliam

172 S.W.2d 627, 294 Ky. 757, 1943 Ky. LEXIS 536

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedJune 22, 1943

StatusPublished

This text of 172 S.W.2d 627 (Harper v. Gilliam) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Harper v. Gilliam, 172 S.W.2d 627, 294 Ky. 757, 1943 Ky. LEXIS 536 (Ky. 1943).

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Opinion

Opinion op the Court by

Chiep Justice Fulton

Dismissing Appeal.

In John W. Harper v. C. K. Davis et al., 294 Ky. 603, 172 S. W. (2d) 445, will he found a statement sufficient to show the question presented by this appeal. Harp'er, as privy in interest of Davis, prosecutes this appeal from the judgment of September 1940, setting aside the judgment of 1937 and all proceedings subsequent thereto, including the sale and commissioner’s deed executed to Davis. An appeal was granted to Davis from the September 1940 judgment hut he failed to prosecute it and Harper, claiming to he privy in interest to Davis, therefore does so.

In view of the fact that in the other case we decided that Harper knew that Mrs. Gilliam had an interest in the property and was therefore not an innocent purchaser and, consequently, held title to the property subject to Mrs. Gilliam’s claim thereto, the present appeal presents a moot question — even if the judgment appealed from should be reversed the property in the *758 bands of Harper, who claims title through Davis, would still be subject to Mrs. Grilliam’s claim.

Ordinarily the two cases would have been disposed of in one opinion but they were submitted at different times and since there was no motion to consolidate or hear together we were unaware of the pendency of this appeal until after the decision in the first case.

Since the appeal presents a moot question it should be, and is, dismissed.

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Opinion op the Court by

Chiep Justice Fulton

Dismissing Appeal.

In John W. Harper v. C. K. Davis et al., 294 Ky. 603, 172 S. W. (2d) 445, will he found a statement sufficient to show the question presented by this appeal. Harp'er, as privy in interest of Davis, prosecutes this appeal from the judgment of September 1940, setting aside the judgment of 1937 and all proceedings subsequent thereto, including the sale and commissioner’s deed executed to Davis. An appeal was granted to Davis from the September 1940 judgment hut he failed to prosecute it and Harper, claiming to he privy in interest to Davis, therefore does so.

In view of the fact that in the other case we decided that Harper knew that Mrs. Gilliam had an interest in the property and was therefore not an innocent purchaser and, consequently, held title to the property subject to Mrs. Gilliam’s claim thereto, the present appeal presents a moot question — even if the judgment appealed from should be reversed the property in the *758 bands of Harper, who claims title through Davis, would still be subject to Mrs. Grilliam’s claim.

Ordinarily the two cases would have been disposed of in one opinion but they were submitted at different times and since there was no motion to consolidate or hear together we were unaware of the pendency of this appeal until after the decision in the first case.

Since the appeal presents a moot question it should be, and is, dismissed.

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172 S.W.2d 627, 294 Ky. 757, 1943 Ky. LEXIS 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-gilliam-kyctapphigh-1943.

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