Harris v. Varnarsdall

Court of Appeals of Kentucky

Harris v. Varnarsdall

3 Ky. Op. 378, 1869 Ky. LEXIS 437

DecidedFebruary 12, 1869

StatusPublished

This text of 3 Ky. Op. 378 (Harris v. Varnarsdall) 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

Harris v. Varnarsdall, 3 Ky. Op. 378, 1869 Ky. LEXIS 437 (Ky. Ct. App. 1869).

Pincite

Opinion

Opinion of the Court by

Judge Hardin:

The notice to the appellees disclosed the fact that there were two [379]*379other executions levied on the land and the sale was made under those executions as well as those to which the appellees were parties. In such a case this court has decided that all those whose rights would necessarily be affected by a quashal of the sale were necessary parties to a proceeding to quash. As it was, therefore, apparent that'the necessary parties were not before the court, the court properly sustained the motion of the defendants to quash the notice.

Thompson & Kellar, for appellant. Durham & Jacobs, C. A. Hardin, for appellee.

Wherefore, the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion of the Court by

Judge Hardin:

The notice to the appellees disclosed the fact that there were two [379]*379other executions levied on the land and the sale was made under those executions as well as those to which the appellees were parties. In such a case this court has decided that all those whose rights would necessarily be affected by a quashal of the sale were necessary parties to a proceeding to quash. As it was, therefore, apparent that'the necessary parties were not before the court, the court properly sustained the motion of the defendants to quash the notice.

Thompson & Kellar, for appellant. Durham & Jacobs, C. A. Hardin, for appellee.

Wherefore, the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

3 Ky. Op. 378, 1869 Ky. LEXIS 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-varnarsdall-kyctapp-1869.