191 Ky. 515 | Ky. Ct. App. | 1921
Opinion op the Court by
Dismissing the appeal.
On November 3, 1914, S. P. Estes and wife conveyed to Harvey Parker a house and lot in the city of Williams-
Louise Massingale and her husband had five children, Eugene Massingale, Jerome Massingale, John D. Massingale, Jr., Elmore Massingale and Christine Massingale, .all of whom are infants and reside with their parents in the state of California.
Alleging that he owned the property in fee and was in possession thereof,' and that the above named children of Louise Massingale were asserting an interest therein by virtue of the deed of Mark White and wife to their mother and the offsprings of her body, Parker brought this suit to quiet his title. An affidavit for a warning order was made, and an order was entered warning “Eugene Massingale, etc.,” to answer in thirty days, and appointing Manse Bryant', a regular practicing attorney, to inform “the defendant” by mail concerning the pend-ency and nature^of the action. The corresponding attorney reported that he wrote each of the defendants a letter concerning the nature and pendency of the action, and directed the letters to each of the defendants at Biverside postoffice in the state of California, and that each of the envelopes contained the words, “After five days return to H. L.. Bryant, Williamsburg, Ky.; ’’ that the postagie on each letter was prepaid; that none of said letters were returned, nor did he hear from any of the defendants. Thereafter, plaintiff’s attorney made a motion to appoint a gmardian ad lit&m for the infant defendants, and filed his affidavit in support thereof. Thereupon Bryant was appointed guardian ad litem and accepted the appointment. The guardian ad litem then filed a demurrer, which was overruled. The court held that the words, “offsprings of her body,” in the deed from Martin White and wife to Louise Massingale, were used in the sense of bodily heirs or issue, and therefore created an estate tail, which by the statute was converted into a fee. Judgment was rendered quieting plaintiff’s title to the property and an appeal has been prosecuted for the defendants by the corresponding attorney and guardian ad litem, who designates himself as “attorney for defendants, ’ ’
As Bryant had no authority either as guardian ad litem or as corresponding attorney to prosecute the appeal, it followis that the appeal was unauthorized and should be dismissed.
Appeal dismissed.