88 Ky. 275 | Ky. Ct. App. | 1889
deliveebd the opinion or the couet.
The appellant instituted this action in equity against the infant appellees and their statutory guardian, the Louisville Safety Vault and Trust Company, for the purpose of procuring a sale of the lot of ground in controversy, which is owned jointly by the appellant and infant appellees. The sale was sought on the ground that the lot was indivisible, etc. A judgment
Under the circumstances of this case, we can not consent to this proposition. The amended petition did not seek to set aside the judgment theretofore
So the sale having been rightly set aside, upon the ground that the length of the line on Breckinridge street was ninety-five feet instead of one' hundred and five feet, the court resumed the absolute control of the lot, Avith the distance of said line corrected, for the purpose of a resale of it in accordance Avith its true boundary; and it Avould follow, as a matter of course, that the court would have the power, by a supplemental order (call it a judgment if you please), to order the resale of the lot in accordance with its true boundary.
The appellee, W. W. Hite, also contends that that part of the Louisville Safety Vault and Trust Com
It is certainly competent for the Legislature to decide as to what' security shall be sufficient in such cases. By section 493 of the Civil Code, it is provided that, as a precedent' condition of obtaining the sale of an infant’s real estate by his statutory guardian, ■ such guardian shall execute bond, with at least two sureties, worth not less than double the value of the property to be sold, etc. The Legislature would certainly have the right to repéal or amend this section, and enact in its stead that only one surety, or security other than personal sureties, should be sufficient. Here the Legislature saw proper to create a corporation, with power, among other things, to qualify and act .as the statutory guardian of infants upon the execution of its own bond, with the pledge of its capital stock as' security for the faithful discharge of its duties. If it be constitutional for the Legislature to confer upon this corporation the power to act as statutory guardian, and we think it is constitutional, it follows that the Legislature has the power to prescribe the terms upon which it may act as such guardian.
It was decided by this court, in the cases of Phalan v. Louisville Safety Vault and Trust Company, ante, page 24, and Bank of Commerce v. Payne, Viley & Co., 86 Ky., 446, that the provision of the charter in reference to empowering the company to act as guardian upon its own bond, was broad enough to
The judgment of the lower court is reversed, and the case is remanded, with direction to set aside the judgment setting said sale aside, and set aside the order setting aside the order confirming the report of sale, and for other proceedings consistent with this opinion.