152 Ky. 727 | Ky. Ct. App. | 1913
Opinion of the Court by
Reversing.
Carrie L. Hopper, the wife of Arthur E. Hopper, died intestate in Jefferson County on September 17,1910, leaving surviving her four children, three of whom were infants. She owned at her death a house and lot in Louisville on the south side of Broadway Street, on which she. had executed a mortgage to the Home and Savings Fund Company Building Association. The Louisville Trust Company was appointed as guardian of the three infant children. On May 4, 1912, this action was brought, the' plaintiffs in the action being the Louisville Trust Com-i
The purchasers’ exceptions to the sale were upon the ground that the infants should have been parties defendant, and that defense should have been made for
As to the claim of their father for $721.25, the infants were not before the court, as neither he nor their guardian had authority to join them as plaintiffs in the action, and thus enter their appearance to it for the purpose of obtaining a sale of their land to satisfy the debt. As to the claims of the Building Association and Hutchison, the infants being plaintiffs in the action, and these claims being set up as a counterclaim by the defendants in their answer, while no process on the infants' who were plaintiffs in the action was necessary, it was necessary that defense be made for them as to these claims before judgment was rendered against the infants.
Judgment reversed and cause remanded with instructions to the circuit court to sustain the exceptions to the sale, and for further proceedings consistent herewith.