Floyd v. Mackey
Court of Appeals of Kentucky
Case 73. — Action to Recover Land. — APPEAL FROM M’LEAN CIRCUIT COURT. Judgment for Defendant and Plaintiffs Appeal. This appeal brings up for review a judgment of the McLean circuit court dismissing appellant’s petition in an action of ejectment, and perpetually enjoining and restraining them from asserting title to their lands now in possession of appellee.
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Case 73. — Action to Recover Land. — APPEAL FROM M’LEAN CIRCUIT COURT. Judgment for Defendant and Plaintiffs Appeal. This appeal brings up for review a judgment of the McLean circuit court dismissing appellant’s petition in an action of ejectment, and perpetually enjoining and restraining them from asserting title to their lands now in possession of appellee. Appellee claims title to the land in controversy by reason of privity with the appellant Mrs. Lucy B. Floyd, the wife of appellant, Robert Floyd, out of which the questions of this appeal arose — otherwise appellant’s title is not in…
1Opinion of the Court
Opinion of the court
by JUDGE BURNAM —
Reversing.
This action was instituted by appellants against appellee to recover a tract of 129.3 acres of land situated in McLean county, and rents thereon from 1885, which they alleged that the defendant wrongfully detained from them. The defendant denied the alleged wrongful' possession, and said that he had purchased the land sued for from the plaintiff, through her duly-authorized agent, L. W. Gates on the 25th day of April, 1885, for the sum of $1,200, and was put in. possession by him; that, whilst the negotiations for the purchase were made with L.…
2Cases cited3 opinions
- Connolly v. BranstlerCourt of Appeals of Kentucky · 1868
- Newman v. MooreCourt of Appeals of Kentucky · 1893
- Jones v. BrandCourt of Appeals of Kentucky · 1899
3Cited by5 opinions
- Loeb v. ConleyCourt of Appeals of Kentucky · 1914
- Segal v. ReisertCourt of Appeals of Kentucky · 1908
- Strunks Lane & Jellico Mountain Coal & Coke Co. v. AndersonCourt of Appeals of Kentucky (pre-1976) · 1944
- Ayre & Lord Tie Co. v. BakerCourt of Appeals of Kentucky · 1910
- Poppe v. BowlerSupreme Court of Minnesota · 1931