Legal Opinion

Davis v. Lee

Court of Appeals of Kentucky

Decided April 28, 1842PublishedCited by 1 opinion

Forte. Eira. AND DeT. Case 98. Error to the PIardin Circuit.

1Opinion of the Court

Jud&e Marshall

delivered the Opinion of the Court.

Ai/TEoueB it is true that after a judgment for the plaintiff in ejectment, the lessor may enter and take possession of the premises recovered, without the process or the officer of the law; yet this right must be understood as being subject to the qualification, that if the entry be against the will or without the assent of the person or persons who have the possession in fact, the possession acquired by such entry is not a lawful or indefeasible possession ; but the entry being, by the express terms of the statute relating to forcible entries…

2Cited by1 opinion

  1. Young v. MilwardCourt of Appeals of Kentucky · 1900

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