Stucker v. Stucker

Court of Appeals of Kentucky

Stucker v. Stucker

26 Ky. 301, 3 J.J. Marsh. 301, 1830 Ky. LEXIS 51

DecidedJanuary 18, 1830

StatusPublished

This text of 26 Ky. 301 (Stucker v. Stucker) 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

Stucker v. Stucker, 26 Ky. 301, 3 J.J. Marsh. 301, 1830 Ky. LEXIS 51 (Ky. Ct. App. 1830).

Pincite

Opinion

Chief Justice Robertson

delivered the opinion of the Court.

This was a bill in chancefy, filed by James Stucker, against Valentine Stucker, to foreclose a mortgage executed by the latter, and by Jacob Dehaven.

The bill having been taken for confessed, the court decreed a sale of the mortgaged property.

U. B. Chambers, for plaintiff.

This, decree is erroneous for two reasons:

1st. Dehaven was a necessary party; and the bill did not pray that he should be made a party; it was. filed against V. Stucker alone.

2d. It does not appear that Y. Stucker was ever ■made a party, by appearance, or by the service of process.

Wherefore, the decree is reversed, and’ the cause remanded for such further proceedings as shall be ' proper, and consistent with this opinion.

Y. Stucker having made himself a party, by the prosecution of this writ of error, it will not be neces.* sary to issue a subpana against him.

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