Court of Appeals of Kentucky, 1869

Harris v. Varnarsdall

Harris v. Varnarsdall
Court of Appeals of Kentucky · Decided February 12, 1869 · Hardin
3 Ky. Op. 378; 1869 Ky. LEXIS 437

Harris v. Varnarsdall

Opinion of the Court

Opinion of the Court by

Judge Hardin:

The notice to the appellees disclosed the fact that there were two *379other executions levied on the land and the sale was made under those executions as well as those to which the appellees were parties. In such a case this court has decided that all those whose rights would necessarily be affected by a quashal of the sale were necessary parties to a proceeding to quash. As it was, therefore, apparent that'the necessary parties were not before the court, the court properly sustained the motion of the defendants to quash the notice.

Thompson & Kellar, for appellant. Durham & Jacobs, C. A. Hardin, for appellee.

Wherefore, the judgment is affirmed.

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