Legal Opinion

Eads v. Rucker

Court of Appeals of Kentucky

Decided April 23, 1834PublishedCited by 5 opinions

From the Circuit Court for Jefferson County.

1Opinion of the Court

•Chief Justice Roberts on

delivered the Opinion of the Court.

Three questions will be considered in this case:—

First. Can'a joint tenant maintain a warrant against his co-tenant for a forcible detainer ?

Second. What should be the form of the warrant, and the character of the judgment for restitution, m such a p

*112Third. Can a warrant for forcible detainer be maintained against a person who was not in possession at the date of the warrant, and who had never been the tenant of the plaintiff ?

I. Ejectment may be maintained by one joint tenant against a co-tenant for an actual disseizin ; and no…

2Cases cited1 opinion

  1. Cammack v. MacyCourt of Appeals of Kentucky · 1821

3Cited by5 opinions

  1. Avey v. HogancampCourt of Appeals of Kentucky · 1916
  2. Gale v. HinesSupreme Court of Florida · 1880
  3. McHose v. South St. Louis Fire InsuranceMissouri Court of Appeals · 1877
  4. Mason v. FinchIllinois Supreme Court · 1838
  5. Lewis v. OesterreicherMissouri Court of Appeals · 1891

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