Halley v. Winchester Diamond Lodge
Court of Appeals of Kentucky
Case 66 — PETITION EQUITY APPEALS PROM CLARK CIRCUIT COURT. 1. The appellants under the rule applicable to adverse claimants are entitled to recover against the appellees the reasonable rents and profits on the lands for the time they were held by the appellees. (Mayne on Damages, 391; 1 Chitty on Pleading, 215; Meyers v. Sanders’ Heirs, 8 Dana, 65; Marshall v. Dupuy, 4 J. .T.
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Case 66 — PETITION EQUITY APPEALS PROM CLARK CIRCUIT COURT. 1. The appellants under the rule applicable to adverse claimants are entitled to recover against the appellees the reasonable rents and profits on the lands for the time they were held by the appellees. (Mayne on Damages, 391; 1 Chitty on Pleading, 215; Meyers v. Sanders’ Heirs, 8 Dana, 65; Marshall v. Dupuy, 4 J. .T. M., 388; Boyd v. Barclay, 4 Dana, 227; Harris v Jones, 6 B. M., 389; R. & L. Turnpike v. Rogers, 7 Bush, 535; Trabue v. Kellar, 3 Mar., 518; Thomas v. Thomas’ Exors., 16 B. M., 421.) 2. The rule usually applied between…
1Opinion of the Court
JUDGE HAZELBIGG
delivered the opinion qe the court.
On June 9,1875, Anderson Halley and his wife, and Ben Simpson and his wife, conveyed to W. M. Beckner certain real estate in the city of Winchester in trust, with power to sell the same and convey it to the purchaser, and with the proceeds pay a debt due one John Taliaferro, secured to bim by a mortgage on the land. The remainder of the purchase price, ff any, was to be applied to the payment of a lien on the land held by Ben Simpson. In execution of the trust Beckner sold the lands to the appellees, and applied the proceeds to the Taliaferro…
2Cases cited5 opinions
- Ogden v. GrantCourt of Appeals of Kentucky · 1838
- Prather v. McDowellCourt of Appeals of Kentucky · 1871
- Williams v. RogersCourt of Appeals of Kentucky · 1834
- Reed v. WelshCourt of Appeals of Kentucky · 1875
- Myers v. Sanders' HeirsCourt of Appeals of Kentucky · 1839
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- Abbott v. YeagerCourt of Appeals of Kentucky · 1895
- Maxwell's Committee v. Cen. Per. Bldg. & Loan Ass'nCourt of Appeals of Kentucky · 1908