CARROLL v. FIRST NAT. BANK & TRUST CO. OF LEXINGTON


227 S.W.2d 410 (1950)

312 Ky. 380

CARROLL et al. v. FIRST NAT. BANK & TRUST CO. OF LEXINGTON et al.

Court of Appeals of Kentucky.

Rehearing Denied March 24, 1950.


Attorney(s) appearing for the Case

C. E. Rankin, Harrodsburg, for appellants.

Stoll, Keenon & Park, Gayle Mohney, Chas. S. Landrum, Lexington, A. B. Thomason, guardian ad litem, Lexington, for appellees.


CLAY, Commissioner.

In this declaratory judgment action, which also seeks the sale of land, the sole question raised on appeal is whether or not appellant is bound by a former judgment involving the property, entered in a suit to which he was not made a party. The Chancellor, invoking the doctrine of virtual representation, determined that appellant's rights were fixed by that former judgment.

In 1922 John Carroll died, leaving a will. He devised his real...

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