Counts v. Kitchen
Court of Appeals of Kentucky
Case 9 — PETITION EQUITY APPEAL FROM CARTER CIRCUIT COURT. A purchaser entering upon and improving land'under title of record, in good faith believing his title good,'shall be allowed the value of his improvements before eviction by successful claimant.
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Case 9 — PETITION EQUITY APPEAL FROM CARTER CIRCUIT COURT. A purchaser entering upon and improving land'under title of record, in good faith believing his title good,'shall be allowed the value of his improvements before eviction by successful claimant. (General Statutes, chapter 80; Craig v. Major, 1 Mar,, 187; Smith v. Walton, 2 Mar., 26; Smith v. Hornback, 1 Littell, 272.) Failure of occupying claimant to land to set up claim for improvements in a successful action to recover the land, hars another action to recover for improvements. (General Statutes, chapter 80; Hartley’s Heirs v. Berry,…
1Opinion of the CourtChief Justice Pkyor
Article 1 of the statute in relation to occupying claimants (General Statutes, chapter 80) provides, that “if any person, believing himself to be the owner,by reason of a claim in law or equity, the foundation of which being of public record, hath or shall hereafter peaceably seat and improve any land, but which land shall, upon judicial investigation, be decided to belong to another, the value of the improvements shall be paid by the successful party to the occupant, or the person under whom and for whom he entered and holds, before the court rendering judgment or decree of eviction shall…
2Cases cited2 opinions
- Craig v. MajorCourt of Appeals of Kentucky · 1818
- Smith v. HornbackCourt of Appeals of Kentucky · 1822
3Cited by1 opinion
- Moore's Guardian v. Williamson'sCourt of Appeals of Kentucky · 1923