Legal Opinion

Snowden v. McKinney

Court of Appeals of Kentucky

Decided June 11, 1847PublishedCited by 6 opinions

Error to the Estill Circuit. Ejectment. Case 67. Ca»e stated. A purchaser of land, under execution is entitled to immediate possession; the defendant in the execution 13 not a tenant or quasi tenant of the purchaser, and therefore is not_ entitled to notice to quit.

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Error to the Estill Circuit. Ejectment. Case 67. Ca»e stated. A purchaser of land, under execution is entitled to immediate possession; the defendant in the execution 13 not a tenant or quasi tenant of the purchaser, and therefore is not_ entitled to notice to quit. The vendee of a Chaser of sold by a Sheriff under execution, is entitled to all the Tights of his vendor, and the same remedies to obtain the possession, liis purchase is not within the laws against champerty- That a circuit instrucTthe^nry nc„a!!i or noii'Suitj ana remarked “that evidence entitled' the…

1Opinion of the Court

Judge Simpson

delivered the opinion of the Court.

This is an action of ejectment, brought against thedefendant in the execution, to recover the possession of land sold by the Sheriff.

The main question presented is, as to the necessity of notice to the defendant, to surrender the possession of the *259land to the purchaser, previous to the commencement of his action.

A purchaser of land, under execution is entitled to immediate possession; the defendant in the execution 13 not a tenant or quasi tenant of the purchaser, and therefore is not_ entitled to notice to quit. The vendee of a Chaser of sold…

2Cases cited1 opinion

  1. Griffith v. DickenCourt of Appeals of Kentucky · 1836

3Cited by6 opinions

  1. Trapnall v. BurtonSupreme Court of Arkansas · 1866
  2. Sears v. CollieCourt of Appeals of Kentucky · 1912
  3. Cryer v. McGuireCourt of Appeals of Kentucky · 1912
  4. Foust v. MoormanIndiana Supreme Court · 1850
  5. Equitable Life Assurance Society of the United States v. KazeeCourt of Appeals of Kentucky (pre-1976) · 1934

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