Harris v. Varnarsdall

Decided February 12, 1869

Court of Appeals of Kentucky · decided 1869-02-12

<p>Execution — Sale—Motion to Quash — Necessary Parties.</p> <p>In a proceeding to quash a sale of land made under two or more executions, all those whose rights would necessarily be affected by the quashal of the sale are necessary parties.</p>

Decided 1869-02-12

¶1Opinion of the Court by

Judge Hardin:

¶2The 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.

¶3Wherefore, the judgment is affirmed.