95 Ky. 410 | Ky. Ct. App. | 1894
delivered the opinion of the court.
M. L. Roberts was the administrator of W. L. Roberts, and as such obtained a judgment at law against the appellant, Jackson, in the Grant Common Pleas Court for the sum of $85.00.- He caused, an execution thereon to be issued and levied on a house and lot belonging to Jackson, and at the sale thereof by the sheriff, on May 14, 1888, became the purchaser at the price of $167.20, which paid the judgment, including interest and costs.
Jackson demurred specially to the notice and proceeding because Roberts had not capacity to sue or institute the proceedings, being only the administrator of the personal estate, and generally because the facts alleged in the notice were insufficient to entitle the plaintiff to recover, because no deed had been exhibited and no allegation made that the time for redemption had expired, and because the levy and sale had not been set forth in the notice. O’f this general demurrer it is sufficient to say that the notice .is in exact compliance with the statute named, and the court properly overruled the objection to it. The court, however, sustained the special demurrer as to Roberts’ capacity to sue, and over the objection of the appellant and at the instance of the heirs of "W\ L. Roberts made them plaintiffs in the motion and proceedings for possession. Jackson then filed his response, in which he denied the right of M. L. Roberts, administrator, to maintain the action or proceeding, or that all the heirs of "W. L. Roberts had been made plaintiffs, and asserted further that he had paid the debt for which the judgment had been rendered prior to its rendition, etc. The court sustained a demurrer to the response and entered a judgment for the plaintiffs for the possession
Judgment affirmed.