Pleak v. Chambers
Court of Appeals of Kentucky
Error to the Clarke CrRcuiT. Ejectment. Case 138 A reference to 5 -Dana, 426, for the tacts of the case. Where the evidence is contradictory upon the point involved,it is for the jury to decide, and if the instructions of the Gourthave not been misleading, the verdict should not be disturbed.
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Error to the Clarke CrRcuiT. Ejectment. Case 138 A reference to 5 -Dana, 426, for the tacts of the case. Where the evidence is contradictory upon the point involved,it is for the jury to decide, and if the instructions of the Gourthave not been misleading, the verdict should not be disturbed. The record of an issue formed end decided in an action of tiespass, is admissible in evidence between the same parties in the trial of an issue involving the same question: 1 Starfcie, 201; note n. same, 204. If a party entering under one title afterwards purchase an adverse claim, his possession is not…
1Opinion of the CourtChief Justice Marshall
delivered tlie opinion of the Court. —
Judge Simpson did not sit in this case.
Tras case in ejectment was formerly before this Court, and the opinion reported in 6th Dana, 426, is referred to , . . . fora general statement or the tacts and principles involved. Chambers, the lessor of the plaintiff, having succeeded in the last trial, it is insisted that the Circuit *566Court should have granted this motion for a new trial, on the ground that the verdict was against law and evidence ; and it is also alledged that the instructions given to the jury are erroneous. We are of opinion that none of these…
2Cited by2 opinions
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- Esterbrook v. SavageNew York Supreme Court · 1880