Sharpe v. Roe
Court of Appeals of Kentucky
Case'51 — MOTION FOR WRIT OF POSSESSION APPEAL FROM BATH .COMMON PLEAS COURT. The notice is insufficient to maintain the motion for a writ of possession. (12 Bush, 116.)
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
This was a proceeding under section 9, article 12, chapter ■ 38 of tbe General Statutes, to recover possession of two tracts of land claimed by the appellees under sheriffs’ deeds. Bunnell v. Thompson (12 Bush, 116) arose under the same statute, and the court there said that in summary proceedings of this character the plaintiff must both aver arid prove every fact necessary to establish his right to recover, and several cases were cited in support of that conclusion.'
The notice in that ease urns held insufficient, because it did not show that the…
2Cases cited1 opinion
- Bunnell v. ThompsonCourt of Appeals of Kentucky · 1876
3Cited by4 opinions
- McGhee v. SutherlandCourt of Appeals of Kentucky · 1886
- Phelps v. JonesCourt of Appeals of Kentucky · 1891
- Troutman v. SmithCourt of Appeals of Kentucky · 1899
- Ernest A. Gremillion v. Jack ChivateroCourt of Appeals for the Fifth Circuit · 1985