Legal Opinion

Woolfolk v. Ashby

Court of Appeals of Kentucky

Decided October 3, 1859PublishedCited by 9 opinions

CASE 61 — PETITION ORDINARY — APPEAL EROJI HOPKINS CIRCUIT COURT. cited 1 Mar., 371; Act of 1813, 1 Stat. Law, 806, sec. 5 ; 6 Dana, 466; 1 Story’s Equity Jur., see. 3¿2; 3 John., Chan. Rep., 347; Act of 1831, 2 Slat. Law, 802; 6 Dana, 87; 9 Dana, 273; 8 B. Mon., 104; 5 Mon., 451; Revised Statutes, 396.

1Opinion of the CourtChief Justice Simpson

This action was brought to recover the possession of several pieces of land, which all adjoined each other, and, in fact, constituted but one tract. Four persons were made defendants, and were alleged to be in the possession of the land, and to withhold it from the plaintiffs.

It is shown by the pleadings of the defendants, and the evi dence in the cause, that the defendants did not have a joint possession of the land sued for, but that each one held and claimed a distinct and separate parcel thereof. On this state of case, a question has been made as to the right of the plaintiffs to maintain…

2Cited by9 opinions

  1. May v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
  2. Kincaid v. McGowanCourt of Appeals of Kentucky · 1887
  3. Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
  4. La Due v. First National BankSupreme Court of Minnesota · 1883
  5. Wylie v. CotterMassachusetts Supreme Judicial Court · 1898

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