Page v. McKee

• Decision Date: 24 January 1867
• Citation: 66 Ky. 135
• Parties: Page and wife v. McKee, & c.
• Court: Kentucky Court of Appeals

66 Ky. 135

Page and wife v. McKee, & c.

Court of Appeals of Kentucky.

January 24, 1867

1. A foreign court cannot, by its judgment or decree, pass the title to land situate in another country; neither can it bind such land by a judgment or decree, that the land, in default of the defendants conveying it, shall be conveyed by deed of its own officers to the plaintiffs. Such a conveyance made by its officers would be treated in this country, where the land is situated, as a mere nullity.

2. William J. Lodge died intestate in Indiana, leaving a large estate, real and personal, therein, and also two tracts of land in Trimble county, Kentucky. He left as his heirs-at-law three surviving children, who were of full age, and the children of his daughter, Mrs. McKee, who were minors. His heirs were all residents of Indiana, except his daughter Mrs. Page, who resided upon the lands in Trimble county Kentucky. In the partition and distribution of the estate of the intestate by the Jefferson circuit court, in the State of Indiana, in a suit to which all the heirs were parties, the Kentucky lands were allotted and set apart to Mrs. Page; and in pursuance to the judgment of the court, these lands were conveyed to her by deed duly executed by the other two adult heirs and by the guardian of the minor heirs. Thereafter, the minor heirs, together with their father, became residents of the city of Louisville, Kentucky, and thereupon Mrs. Page and her husband instituted suit in the Louisville chancery court against said minor heirs to perfect her title to the Trimble county, Kentucky, lands. This suit was dismissed by the chancellor. Held --That the Louisville chancery court had jurisdiction, and should have proceeded to a final adjudication, and by proper orders directed a conveyance from the minor defendants, and perfected such order by proper deeds of quit claim.

3. As the Indiana court had jurisdiction of that portion of the estate, real and personal, therein, and of the parties, and as Mrs. Page brought the suit, the judgment of partition and distribution of the Indiana court is conclusive upon her as to her interest in the Indiana real estate and personalty then her suit in the Louisville chancery court is by no means for a partition; for, as to this, she is already concluded; but it is what it purports to be, a personal suit against the minor heirs to compel them to surrender to her, their legal title to one fourth of the Kentucky lands, in pursuance of the Indiana judgment, they having received, by proceedings in the Indiana court, their full share of their ancestor's estate; and this foreign judgment is at least prima facie good and valid as to the partition, though not good as to the conveyance, and the Kentucky courts should enforce the equities growing out of it, at least until it is successfully assailed.

APPEAL FROM LOUISVILLE CHANCERY COURT.

BULLITT and W. S. PRYOR, For Appellants,

CITED--

2 Dana, 458; Cates vs. Woodson.

OPINION

WILLIAMS JUDGE.

Augusta Page, the wife of B. F. Page, was a child and heir-at-law of William J. Lodge, who died intestate in the State of Indiana, leaving a large real and personal estate therein; also two tracts of land in Trimble county, Kentucky. The intestate left three surviving children then arrived at majority, and the appellees, who were all minor grandchildren, by his deceased daughter, Mrs. McKee; and all of whom, save Page and wife, then resided in Indiana.

Some time after the decease of their ancestor, Page and wife brought suit in the Jefferson circuit court, of Indiana, in which administration on his estate had been granted, and wherein the other heirs lived, for the purpose of settlement and partition, making the administrator, the adult heirs, and these minor grandchildren and their statutory guardian, parties defendants, and setting out that the decedent, in his lifetime, had, by parol, given Mrs. Page the Trimble county lands; that, on the faith of his promise to convey the same to her, she and her husband had gone on said lands and made valuable and lasting improvements, to the value of about four thousand dollars; and that it had been agreed between the adult heirs and the statutory guardian for the minors that she should still have these lands, but at the valuation then fixed on it, not including the improvements, of eleven thousand dollars, and that nothing was to be allowed for improvements; and should this prove to be more than Mrs. Page's share of the estate, the overplus should be paid to the estate, and what it should lack should be paid to her on final settlement; and the court was asked to confirm this agreement and settlement, and perfect it by proper deed of conveyance.

The parties were brought before the court by process; the adult heirs answered, confessing...