Breeding's heirs v. Taylor
Court of Appeals of Kentucky
Appeal from the Bracken Circuit. Error to the Bracken Circuit. Forcible detainee. Chancery. Case 16. Subject of controversy. Breeding’s claim ofri=llt- Taylor’s claim of right. A judgment in ejectment ag’st only one tenant authorizes a divestiture of his possession only, and not the possession of others not sued.
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Appeal from the Bracken Circuit. Error to the Bracken Circuit. Forcible detainee. Chancery. Case 16. Subject of controversy. Breeding’s claim ofri=llt- Taylor’s claim of right. A judgment in ejectment ag’st only one tenant authorizes a divestiture of his possession only, and not the possession of others not sued. The holder of the legal title, upon being let into possession under _ a judgment against one tenant who has intruded into possession,becomes possessed to the extent of his title unless another is possessed of the better possessory title, in which event his possess’n would be…
1Opinion of the Court
Judge Breck
delivered the opinion of the Court — which was suspended until the 7th October, when the suggestions of the parties were overruled, and suspension removed.
In 1834, the heirs of Nathaniel Breeding recovered a judgment in ejectment by default, upon the service of the common order, against Mich'ael Morrell, the tenant in possession, and by a habere facias possessionem, subsequently evicted him. After eviction, Breeding’s heirs leased to Morrell the whole tract claimed by them of a thousand acres, and continued him in possession. The judgment in ejectment was rendered at the May term…
2Cases cited2 opinions
- Hord v. BodleyCourt of Appeals of Kentucky · 1824
- Breading's Heirs v. TaylorCourt of Appeals of Kentucky · 1838