|Appeal from Circuit Court, Knox County|
|Ingram Vs. Wilson|
Court of Appeals of Kentucky|
INGRAM et al.
WILSON et al.
Feb. 8, 1898.
This was a suit for a sale of certain real estate belonging to William Tinsley, deceased, and for a division of other real estate among his numerous heirs, some of whom were infants. After a long litigation over the ownership of the land sought to be divided, the court in 1888, ordered it sold, although there was no prayer for such relief. In 1890 the court, on motion of the purchaser of the land, set aside the judgment of sale, and the order confirming it, because it recited that judgment was void because there were infants interested in the land who were not properly represented in the suit; and of this last order certain of the heirs complain, insisting that the order of 1890 was void, and that their motion to set it aside ought to have prevailed. It will be noticed that this was a suit to divide certain land among infants, and that without any application for the sale of it, or any such showing as the law requires before a sale of infants' realty can be sold, a sale was ordered. Moreover, while up to the time of the order of sale, in 1888, all the necessary parties seem to have been before the court, other pleadings were filed subsequently, showing additional heirs not theretofore before the court. We are therefore not prepared to say that the recitation of the judgment of 1890, to the effect that the judgment of 1888 was void for want of necessary parties, was untrue, and especially as no effort was made to disturb the order of 1890 until in July, 1894. The judgment below, overruling the motion to set aside the order of 1890, is affirmed.
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