Kercheval v. Ambler
Court of Appeals of Kentucky
Traverse. From the Circuit Court for Mason County. Statement of the case. Where a sheriff executes aha. fa and delivers the land to the plaintiff’s agent, the possession is the plt’f’s, Sr the fact that he prosecutes a writ of forcible entry, for a subsequent intrusion on the land, is sufficient evidence of the agent’s authority The return upon a ha. fa. is conclusive between the parties, as to the land held by the def’t when thenoticein eject ment was served.
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Traverse. From the Circuit Court for Mason County. Statement of the case. Where a sheriff executes aha. fa and delivers the land to the plaintiff’s agent, the possession is the plt’f’s, Sr the fact that he prosecutes a writ of forcible entry, for a subsequent intrusion on the land, is sufficient evidence of the agent’s authority The return upon a ha. fa. is conclusive between the parties, as to the land held by the def’t when thenoticein eject ment was served. The agent of the plt’f in a ha. fa. having received the possession, retire's and leaves the land; Whether he thus abandons the…
1Opinion of the CourtChief Justice Robertson
Judge Marshall did not sit in this case.
At the same term of the same court, Forman obtained a judgment of eviction against John Kercheval and his
two sons (Lewis C. Kercheval and Franklin Kercheval;) and Ambler, in a separate action of ejectment, obtained a similar judgment against John Kercheval alone, for a part of the same tract of land.
Forman’s judgment was enforced by a habere facias; and he, thereupon, instantly, by written contract, leased the land to the three persons whom he had thus evicted.
Afterwards, the sheriff returned a habere facias, which had been issued on Ambler’s judgment,…
2Cited by7 opinions
- Landregan v. PeppinCalifornia Supreme Court · 1892
- Martin v. HallCourt of Appeals of Kentucky · 1913
- Mitchell v. DavisCalifornia Supreme Court · 1862
- Ritchie v. JohnsonSupreme Court of Arkansas · 1888
- Higginbotham v. Higginbotham & ClarkeCourt of Appeals of Kentucky · 1850
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