Phillips v. Rothwell

Judge Owsley

delivered the opinion of the court.*

For the purpose of recovering the possession of a lot of ground in the town of Louisville, an action of ejectment was brought in the Jefferson circuit court by Phillips against Rothwell.

On the trial of the general issue in that court, verdict and judgment were obtained by Rothwell, but upon an appeal to this court, the judgment was reversed, on the ground of Rothwell, in consequence of having purchased the lot from Harrison, the tenant of Phillips, being estoped from contesting Phillips’s right to recover.

The case, then, having been remanded to…