Henderson v. Dupree
Court of Appeals of Kentucky
Case 106 — PRACTICE, POSSESSION APPEAL FROM BALLARD CIRCUIT COURT. 1. Appellee entered under an executory contract, and thereby became a ■ quasi tenant.
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Case 106 — PRACTICE, POSSESSION APPEAL FROM BALLARD CIRCUIT COURT. 1. Appellee entered under an executory contract, and thereby became a ■ quasi tenant. As long as appellee remained in that condition he can not plead an adverse title to his vendor. 2. Although ihe possession has been held for more than twenty years, yet, if possession was taken under an executory contract, and the party going into possession looked to his vendor for title, his possession is-not adverse. 3. It is clear that the judgment should be reversed. (6 J. J. Mar., 163; 5-Littell, 317; 4 Bush, 32; 1 J. J. Mar., 39; 1…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The primary object of this action was the division of a tract of land among its joint owners. By a. *679judgment the appellants were charged, as a part of their portion, with 191 acres, then in the possession of Anna Dupree, and which, she claims, was sold by them by one Taylor, as their agent, to one Wayne by title bond, in 1849 ; and then by him to one Boyd, and by him to one Todd, and ■ by him to her. The-appellants then made her a defendant, by an amended petition, in which they seek to recover the land from her, and upon which a summons was issued…
2Cases cited1 opinion
- Helm v. CoffeyCourt of Appeals of Kentucky · 1882
3Cited by19 opinions
- Shannon v. Stratton & TersteggeCourt of Appeals of Kentucky · 1911
- National Council Daughters of America v. PolsgroveCourt of Appeals of Kentucky · 1921
- Broadway & Newport Bridge Co. v. CommonwealthCourt of Appeals of Kentucky · 1917
- Roberts Cotton Oil Co. v. Dodds & JohnstonCourt of Appeals of Kentucky · 1915
- Whitmer v. CardwellCourt of Appeals of Kentucky · 1922
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