Engle v. Tennis Coal Co.
Court of Appeals of Kentucky
CASE 27. — ACTION BY ALBERT ENGLE AGAINST THE TENNIS COAL COMPANY TO QUIET TITLE TO LAND. Appeal from Perry Circuit Court. M. J. Moss, Circuit Judge. Judgment for defendant. ‘Plaintiff appeals. AUTHORITIES. A writ of forcible entry and detainer or forcible detainer does not involve the question as to title to land. (Mason v. Bascom, • 3 B. Mon., 272; Lancaster v. Lancaster, 19 Ky.
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CASE 27. — ACTION BY ALBERT ENGLE AGAINST THE TENNIS COAL COMPANY TO QUIET TITLE TO LAND. Appeal from Perry Circuit Court. M. J. Moss, Circuit Judge. Judgment for defendant. ‘Plaintiff appeals. AUTHORITIES. A writ of forcible entry and detainer or forcible detainer does not involve the question as to title to land. (Mason v. Bascom, • 3 B. Mon., 272; Lancaster v. Lancaster, 19 Ky. Law Rep., 577.) 2. Records of judgments of forcible entry and detainer are not admissible in evidence in bar of an action of ejectment. (Mattox v. Hahn, 5 Littell, 187). 4. Bills to quiet title construed. (Clark v.…
1Opinion of the Court
Opinión of the Court by
Judge Barker
Reversing.
This action was instituted in the Perry circuit court for the purpose of quieting the title of the plaintiff, Albert Engle, to a tract of land situated in Perry county, set out by metes and bounds in the petition. The petition alleges the legal title and possession of the land to be in the plaintiff, and that the defendant (appellee) is wrongfully setting up claim to the whole boundary described, and giving out in words and *241speeches its claim to be the owner of the property,, although its claim is worthless; that this false and. worthless claim of…
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