121 Ky. 816 | Ky. Ct. App. | 1906
Opinion by
Reversing.
On November 9, 1899, Charles P. Porter was adjudged a lunatic in the’ Fleming county court and committed to the Eastern Kentucky Asylum for the
Section 53 of the Civil Code of Practice provides: “If the defendant be of unsound mind the summons must be served on him and one of the following named persons, if residing in the county, viz: on his committee; or, if he have no committee, on his father; or, if he have no father on his guardian'; or, if he have no guardian, 'on his wife; or, if he have no wife, on the person having charge of him.” It will be observed that the statute requires that the summons must be served on the lunatic and on his committee, If he have one or, if he have no committee, on his father. The service is not authorized to be had on the person in charge of him, where’ the lunatic’s father is living and .resides in the county. This suit was brought in Fleming, county. The lunatic’s father was living and resided in the'county, and by the terms
As the lunatic was not before the court, the court erred in overruling the exceptions to the report of sale, and on the return of the case the court will set aside the judgment and the sale of the lunatic’s land made under it. While the inquest is void if held without notice to the lunatic and without his presence at the trial, this fact is not shown by the inquest held here. The reasonable construction of the record is that the. lunatic was in the custody of the
Judgment reversed, and cause remanded for further proceedings consistent herewith.