McMurtry v. Adams
Court of Appeals of Kentucky
CASE 24 — FORCIBLE DETAINER — APPEAL FROM GARRARD CIRCUIT COURT. CITED— 1 Marshall, 559 ; Morgan vs. Ballard. 17 B. Mon., 18 ; Payne vs. Vandcveer. 1 Marshall, 323; Helm vs. Strader. CITED— 3 Mar., 344 ; Chiles vs. Stephens. 5 Littell, 186 ; Mattox vs. Helm. 1 Mon., 39 ; Taylor vs. White. Revised Statutes, sec. 16, 2 Stanton, 229. 2 Bibb, 432 ; Clinton vs. Clinton. 4 Bibb, 524 ; Harrison vs. Marshall.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion op the court :
While the appellant was in possession of a house and lot in Lancaster, Kentucky, as the tenant for years of Mrs. McCreary, the owner, the appellee acquired the legal title under a decretal sale by the Garrard circuit court, which confirmed his purchase, and ordered a writ of habere facias to issue after the first of January, 1865, for putting him in possession.
Without a formal eviction by the writ, the appellant surrendered to the appellee, and took a lease from him, arid afterwards, believing that he would be bound to restore the possession…
2Cited by1 opinion
- Turner v. ThomasCourt of Appeals of Kentucky · 1877