110 Ky. 984 | Ky. Ct. App. | 1901
-Opinion of the court by
Reversing.
Frank Bedford, statutory guardian of Joanna G-arth and •of F. A. Thompson, filed a petition eso parts, in the Circuit -Court of Bourbon county, seeking a division of certain lands owned jointly by his two wards. The court, upon jtroper showing, appointed commissioners to divide and report as provided by the Code. Upon report being filed,
From the proof heard on the exceptions, we áre of opinion that there was no error in rejecting the partition made-by the commissioners as inequitable and unequal. The question is then presented, did the court have the right and power to make partition without reference to the-same or other commissioners? For, if the court could not make partition, it will be unnecessary to discuss the question as to whether the division ordered is fair or not. By section 499, Civ. Code Prac., is provided a complete statutory remedy for partition of lands among joint owners. The county court is given concurrent jurisdiction with the-circuit court in such cases. This section provides for the appointment of commissioners to divide the land. Their-report is subject to exception by either party, and may be-rejected or confirmed by the court upon proof as to its-