Tucker v. Hayden

Court of Appeals of Kentucky

Tucker v. Hayden

6 Ky. Op. 511, 1873 Ky. LEXIS 246

DecidedFebruary 24, 1873

StatusPublished

This text of 6 Ky. Op. 511 (Tucker v. Hayden) 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

Tucker v. Hayden, 6 Ky. Op. 511, 1873 Ky. LEXIS 246 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Hardin :

The petition discloses the fact that Mrs. Catherine Brooks was at the institution of the suit the owner and holder of one of the notes of Tucker and Embree for the price of the land; but, although she was properly made a defendant, the judgment of sale was rendered without service of process on her, and the court made no provision in the judgment for protecting her rights.

This error was necessarily prejudicial to the appellants, as it subjected the land to sale without power in the court to cause a proper conveyance of title to1 be made. The judgment must therefore be reversed and the sale vacated. On the return of the cause the questions as to- the title and quality of the land and the acceptance of the deed of James and wife will be adjudicated.

Wherefore the judgment is. reversed and the cause remanded for further proceedings not inconsistent with this opinion.

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Opinion by

Judge Hardin :

The petition discloses the fact that Mrs. Catherine Brooks was at the institution of the suit the owner and holder of one of the notes of Tucker and Embree for the price of the land; but, although she was properly made a defendant, the judgment of sale was rendered without service of process on her, and the court made no provision in the judgment for protecting her rights.

This error was necessarily prejudicial to the appellants, as it subjected the land to sale without power in the court to cause a proper conveyance of title to1 be made. The judgment must therefore be reversed and the sale vacated. On the return of the cause the questions as to- the title and quality of the land and the acceptance of the deed of James and wife will be adjudicated.

Wherefore the judgment is. reversed and the cause remanded for further proceedings not inconsistent with this opinion.

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Bluebook (online)

6 Ky. Op. 511, 1873 Ky. LEXIS 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-hayden-kyctapp-1873.