Caldwell v. McVean
Court of Appeals of Kentucky
Case 5 — Action by S. D. McVean against Edward Caldwell to Recover Damages on a Traverse Bond. APPEAL FROM CAMPBELL CIRCUIT COURT — A. S. BERRY, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. 1. Our contention is that under the provisions of sec. 4.64, of tl\e Civil Code, while in an action upon a traverse bond the damages sought to. be recovered by the traversee is confined to. the withholding the possession of the land and not to the right of possession.
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Case 5 — Action by S. D. McVean against Edward Caldwell to Recover Damages on a Traverse Bond. APPEAL FROM CAMPBELL CIRCUIT COURT — A. S. BERRY, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. 1. Our contention is that under the provisions of sec. 4.64, of tl\e Civil Code, while in an action upon a traverse bond the damages sought to. be recovered by the traversee is confined to. the withholding the possession of the land and not to the right of possession. We insist that the length of time the traversee may he Iiept out of the possession by reason of the execution of the…
1Opinion of the Court
Opinion of the court by
Chief Justice BURNAM
Dismissing.
The appellant, Edwin Caldwell, Tbrouglit this action against the appellee, S. D. McVean, upon a traverse bond, executed pursuant to section 464 of the Civil Code of Practice, for the rental value of the land of which he had been illegally deprived by the forcible entry and detainer of appellee. The answer was in two paragraphs. The first denied all damages, and the second pleaded affirmatively that the defendant held the legal title to the land in controversy, and was entitled to the beneficial use thereof during all the time sued for. A…
2Cited by3 opinions
- Columbia Trust Co. v. RecciusCourt of Appeals of Kentucky · 1908
- Bond v. StarkeyCourt of Appeals of Kentucky · 1918
- Nanney v. HeddenCourt of Appeals of Kentucky (pre-1976) · 1927