95 Ky. 47 | Ky. Ct. App. | 1893
delivered the opinion op the court.
Peter "Wilson died in 1894 intestate. His administrator brought suit against Ms heirs and creditors to settle Ms estate as an insolvent estate. Three of the heirs were
It would be trifling with justice to now take the land away from the purchasers, whose money went to pay those debts, and give it to the appellants freed from the debts for which it was originally bound and sold, unless there be some inexorable rule requiring us to do so. Happily, there is no such rule. Eor, according to the facts stated, the order shows that it was made upon proof of non-residency, doubtless by plaintiff himself, as an affidavit to his petition, but the clerk failed to write it in the usual form; at least, to prevent an absolute defeat of justice, we should s‘o presume, after this long lapse of time, and thus presuming, the order was erroneous merely, ■and not void ; and as long as it stands uureversed the appellants are bound by it. Besides, the proper affidavit having been made and the tíourt subsequently acting on the order of warning, we must presume that the order was re-entered and re-adopted by the court.
The judgment is affirmed.