Riggs v. Dooley
Court of Appeals of Kentucky
Appeae from the Montgomery Circuit. Ejectment.. Case 6-1, Case stated. Instrnclions asked by plaintiffs below and refused by the Circuit Court, Instruction given for defendants below. To make out title by a Sheriff,’s deed, it is necessary to show the judgmentand execution under which the Bala and deed were made, but is not necessary to show the character of a possession held under the deed.
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Appeae from the Montgomery Circuit. Ejectment.. Case 6-1, Case stated. Instrnclions asked by plaintiffs below and refused by the Circuit Court, Instruction given for defendants below. To make out title by a Sheriff,’s deed, it is necessary to show the judgmentand execution under which the Bala and deed were made, but is not necessary to show the character of a possession held under the deed. The possession of a purchase from one joint tenant oi parcener, though held by deed, is not adverse to the other joint owners, until it is distinctly claimed to be tor the whole and adverse, and notice…
1Opinion of the Court
Jvdcb Breck
delivered the opinion, of the Court.
This was an ejectment for two. hundred and ninety five acres of land, lying in the- county of Montgomery, in which a verdict and judgment having- been rendered against the plaintiffs, they have brought-the case to- this Court.
*237The material facts in the case, in regard to which there is no contrariety in the testimony, are the following:
In 1814, the heirs of John Hardy, viz: Ashford and Henry Hardy, Greenberry Riggs and Ann his wife, Hazle Williams and Mary his wife, and C. T. Hempston and Dorcas his wife, the three femes being the daughters of…
2Cases cited1 opinion
- Masterson's Heirs v. Marshall's HeirsCourt of Appeals of Kentucky · 1837
3Cited by4 opinions
- Rose v. WareCourt of Appeals of Kentucky · 1903
- Pope v. BrassfieldCourt of Appeals of Kentucky · 1901
- Harrington v. WilliamsCourt of Appeals of Kentucky · 1917
- Blackburn v. MurphyCourt of Appeals of Kentucky (pre-1976) · 1932