Boyd v. Barkley
Court of Appeals of Kentucky
Ejectment. From the Circuit Court for Mason County. A pl’tf in ejectment cannot recover upon a demise, the date of which is anterior to the time when his right of entry accrued. A demand of pos session, or notice to quit, was necessity; and the date of the demise is before the time at which the tennant was required, by the demand or notice to surrender the possession: the pl’tf fails.
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Ejectment. From the Circuit Court for Mason County. A pl’tf in ejectment cannot recover upon a demise, the date of which is anterior to the time when his right of entry accrued. A demand of pos session, or notice to quit, was necessity; and the date of the demise is before the time at which the tennant was required, by the demand or notice to surrender the possession: the pl’tf fails. Mortgagee vs. Mortgagor (as de eided in N. Y.) there must have been a notice to quit at a time before the date of the demise. Vendor v. vendee by executo-’ ry contact—the rule, it seems, is the same—unless the…
1Opinion of the Court
Judge Marshall
delivered the Opinion of the Court.
In this action of ejectment, the evidence conduced to establish such a relation between the lessor of the plaintiff and the defendant, as required a demand of the possession, or a notice to quit, before the lessor had a right to enter on the land in contest. And conceding the sufficiency of the notice (which however is not entirely clear,) the principal question in the case, is, whether the plaintiff is entitled to recover on a demise bearing date before the day on which the defendant is required by the notice to quit the possession, that is,…
2Cases cited2 opinions
- Rogers v. BarnettCourt of Appeals of Kentucky · 1817
- Coxe v. JoinerCourt of Appeals of Kentucky · 1814