Russell v. Doyle
Court of Appeals of Kentucky
Case 54 — PETITION ORDINARY APPEAL PROM LIVINGSTON CIRCUIT COURT. 1. The court, m submitting special findings to the jury, should have submitted a special finding on each point in the case. (4 Dana, 270 and 280.) 2. In joint tenancy, all must recover or node. (Newman on Pleading, 277, 278; 1 Mar., 39; 2 Mar., 231 and 387; 3 Mar., 19, 378 and 462; Litt.
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Case 54 — PETITION ORDINARY APPEAL PROM LIVINGSTON CIRCUIT COURT. 1. The court, m submitting special findings to the jury, should have submitted a special finding on each point in the case. (4 Dana, 270 and 280.) 2. In joint tenancy, all must recover or node. (Newman on Pleading, 277, 278; 1 Mar., 39; 2 Mar., 231 and 387; 3 Mar., 19, 378 and 462; Litt. Select Cases, 420; 7 Mon., 230.) ' 3. Each tenant in common holds a separate and distinct share, and a sale by one co-tenant to another, where the land is adversely held by a third party, is as much champertous as if the sale were to a stranger…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
Neither of the parties to this action of ejectment have any legal paper title to the land in contest. The patent to Isaac Rncker, through whom the appellees claim title, was issued in 1838; while the warrant of Sullivant, through whom the appellants’ claim, was laid in 1873. Both were void, because the land had been patented to Thomas Clay in 1799.
The special verdict finds, however, that the heirs of Rucker had a possessory title to the land when the Sullivant entry was made in 1873 ; and the only ques*388tioxi presented by this appeal, is whether they…
2Cases cited1 opinion
- Blackerby v. HoltonCourt of Appeals of Kentucky · 1837
3Cited by11 opinions
- Perry v. WilsonCourt of Appeals of Kentucky · 1919
- Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
- Smith v. BraleySupreme Court of Oklahoma · 1919
- Pond Creek Coal Company v. HatfieldCourt of Appeals of Kentucky (pre-1976) · 1929
- Alexander v. DuncanCourt of Appeals of Kentucky (pre-1976) · 1933
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