McBurney's Heirs v. Hopper

Opinion op the Court by

Judge Thomas

Reversing.

In February 1938 Mrs. Mary W. McBurney filed this ejectment action in the Knox Circuit Court against the defendant and appellee, Richard Hopper. In her ■petition she alleged that she was the owner and entitled to the possession of a vacant lot in the City of Barbour-ville, Kentucky; that the defendant Hopper had wrongfully taken possession of it and was preparing to erect a house thereon. She prayed that she recover the possession from the defendant, and for a judgment of $100 damages against him for his wrongfully withholding the possession…