146 Ky. 365 | Ky. Ct. App. | 1912
Opinion of the Court by
Affirming.
William B. Lawson died intestate on March 17,1889, a resident of Breathitt county, leaving surviving him a widow, Evaline Lawson, six sons and three grandchildren, the only children of a deceased daughter. He owned at his death 2000 acres of land. There was a purchase money lien on the land in favor of W. L. Hurst, which had been reduced to judgment in his life time, and the land had been ordered sold to satisfy it. The judgment was for $165.00 with interest from November 3, 1871,until paid at 10 per cent, per annum;also for $300.00 with like interest from May 2, 1882, and the cost of the action, the whole judgment amounting at the time of his death to something over $1,100.00. John Abner also had a judgment against William Lawson for $104.50 with in
The record before us shows that the process was duly served in the old actions. It also shows that a
An infant against whom erroneous proceedings are had may have relief either by a petition in the circuit court where the facts are not shown in the record, or by an appeal to this court where the infirmity in the proceedings is shown by the record. But to obtain relief in either of these modes, the infant must make his application within the time allowed by law. This suit not having been brought for more than ten years after the judgment in that case was rendered, and for something like eight years after the youngest child was of age, the application was made too late, and no relief can be had against the judgment unless it is void.
If for any reason the judgment was void, it was a nullity when entered, and being a nullity when entered, age does not sanctify it or give it validity. The court may have erred greatly in entering the judgment, but this error of the court does not make the judgment void. It may be that under the pleadings in that case, and the proof, a very different judgment should have been entered, and that this court would have reversed the judgment if an appeal had been taken from it in proper time. But no appeal having been taken, the judgment cannot for this reason now be regarded void. The parties were before the court; a guardian ad litem was duly appointed for the infants. He filed his report making defense for them; proof was taken; the case was heard by the court; and, as the court had jurisdiction of the parties and the subject matter, it cannot be said that his judgment was void. It is true that he should have ordered so much of
Judgment affirmed.