Judson v. Creighton

This is an action in ejectment and for rents and profits. The plaintiffs prevailed, and the defendants appeal.

The plaintiffs are collateral heirs of DeJay Judson, deceased, who departed this life intestate in February, 1902, a resident of Harlan county, leaving no widow or direct heirs him surviving. The property ™ controversy was the homestead of Mr. Judson and his wife. Because the parties have presented this case upon the hypothesis that Mr. Judson held the legal title to said premises, and for no other reason, we shall adopt that theory.

In 1903 the administrator of Mr. Judson’s estate,…