Griffith v. Dicken
Court of Appeals of Kentucky
Ejectment. From the Circuit Court eor Daviess County. The titles under which the parties, respectively, claim, & tenancies on which they rely. The action fyc.
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Ejectment. From the Circuit Court eor Daviess County. The titles under which the parties, respectively, claim, & tenancies on which they rely. The action fyc. The reason why a def’t in eject, may protect him self by showing a title in a stranger superior to thepltf’s, is that it shows the right of entry is in the stranger, and not in the plt’f; consequently; if it appears, that the stranger’s right of entry is tolled by an adverse possession, no matter by whom, the reason fails-, and the def’t can not' then use the stranger’s title as a defence.- The champerty act of ’24, making the…
1Opinion of the CourtChief Justice Robertson
In the year 1800, John Dicken, who held a legal title to one undivided third of a tract of land of 1500 acres? which had been granted by this Commonwealth to one Baker and himself—one third to him and two thirds to Baker—sold and conveyed 500 acres thereof, by a designated boundary, to Charles Travis, who had been living thereon, under the said grant, from 1796, and who, having, as may be inferred, made the purchase for the joint benefit of himself and James Jordon, shortly afterwards gave to him (Jordon-) a bond for the title to one half.
Travis and Jordon, both residing on distinct portions…
2Cases cited1 opinion
- Violett v. ViolettCourt of Appeals of Kentucky · 1834
3Cited by12 opinions
- Tennis Coal Co. v. SackettCourt of Appeals of Kentucky · 1916
- Dickey v. LyonSupreme Court of Iowa · 1865
- Perry v. Eagle Coal Co.Court of Appeals of Kentucky · 1916
- Fulton v. TeagerCourt of Appeals of Kentucky · 1919
- Barret v. CoburnCourt of Appeals of Kentucky · 1861
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