Thompson v. Bartley's Heirs

Court of Appeals of Kentucky

Thompson v. Bartley's Heirs

3 Ky. Op. 506, 1869 Ky. LEXIS 505

DecidedOctober 12, 1869

StatusPublished

This text of 3 Ky. Op. 506 (Thompson v. Bartley's Heirs) 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

Thompson v. Bartley's Heirs, 3 Ky. Op. 506, 1869 Ky. LEXIS 505 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Robertson:

The judgment in this case must be reversed for two reasons.

1. The heirs being infants, service on them was necessary before their real estate could be legally sold.

2. The petition does not sufficiently identify the reality sought to be subjected. Though it refers to various documents of title it states that indefinite portions had been sold; and moreover none of those documents include or discribe the houses and lots sold by the commissioner’s report, in any way, discribe those houses and lots so that they can be identified with legal certainty, or conveyances made assuring valid title. The appellants therefore being unable to get a good title ought not to be compelled to' pay the purchase money.

Wherefore the judgment is reversed and the case remanded for proper proceedings according to this opinion.

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Opinion of the Court by

Judge Robertson:

The judgment in this case must be reversed for two reasons.

1. The heirs being infants, service on them was necessary before their real estate could be legally sold.

2. The petition does not sufficiently identify the reality sought to be subjected. Though it refers to various documents of title it states that indefinite portions had been sold; and moreover none of those documents include or discribe the houses and lots sold by the commissioner’s report, in any way, discribe those houses and lots so that they can be identified with legal certainty, or conveyances made assuring valid title. The appellants therefore being unable to get a good title ought not to be compelled to' pay the purchase money.

Wherefore the judgment is reversed and the case remanded for proper proceedings according to this opinion.

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Bluebook (online)

3 Ky. Op. 506, 1869 Ky. LEXIS 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-bartleys-heirs-kyctapp-1869.