Whitaker v. Holcomb

Opinion of the Court by

Judge Settle

Reversing.

This proceeding’ was instituted by the appellee, John D. Holcomb, in the court below to obtain a writ of habere facias possessionam for a tract of land in possession of the appellant, James J. Whitaker, lying in Letcher county. With the motion for the writ was filed a notice of the intended application for the writ which had been duly executed upon the appellant, Whitaker. The appellant filed a demurrer to the notice and motion which the court overruled and to which ruling the appellant ex ■cepted. Thereupon the latter, without waiving his…