Legal Opinion

Lenington v. Campbell

Jefferson County Court of Common Pleas

Decided April 15, 1817Published

Petition in Chancery, setting forth: that on the 5th day of April, 1815, the plaintiff agreed and contracted with the defendant, to lease of him a traer of land; that by the contract, plaintiff was to take immediate possession and to improve and live on it five years, and for such use and improvement was to clear twenty-five acres, &o.; that defendant promised to make a written lease as soon as he had time to draw the writing; that the plaintiff went into possession and made…

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Petition in Chancery, setting forth: that on the 5th day of April, 1815, the plaintiff agreed and contracted with the defendant, to lease of him a traer of land; that by the contract, plaintiff was to take immediate possession and to improve and live on it five years, and for such use and improvement was to clear twenty-five acres, &o.; that defendant promised to make a written lease as soon as he had time to draw the writing; that the plaintiff went into possession and made improvements; that the defendant neglected and refused to make a lease, and hath caused him to be removed by…

1Opinion of the Court

President.

The complainant has been removed from the possession of the defendant’s land, because he could shew no legal right to such possession; and notwithstanding such removal is correct and proper by the law, as it is construed in the courts of law, he makes this application in chancery for relief, on the avowed principle that the same laws must receive a construction diametrically opposite, by the same judges when sitting in chancery, to what they have received in a court of law; that although it very plainly appears, from his own statemc nt of his case, that he could not maintain any…

2Cases cited1 opinion

  1. Johnston's devisees v. MacconnellCourt of Appeals of Kentucky · 1813

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