Cole v. Dameron

Court of Appeals of Kentucky

Cole v. Dameron

26 Ky. 314, 3 J.J. Marsh. 314, 1830 Ky. LEXIS 62

DecidedJanuary 19, 1830

StatusPublished

This text of 26 Ky. 314 (Cole v. Dameron) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cole v. Dameron, 26 Ky. 314, 3 J.J. Marsh. 314, 1830 Ky. LEXIS 62 (Ky. Ct. App. 1830).

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Opinion

Chief Justice Robertson

delivered the opinion of the Court.

A party who has obtained a judgment, entitling him to the possession of land, has a right t" [315]*315■a “habere facias possessionem,” unless by a proceeding-under the occupant laws, execution be suspended.

strutting clerk to with-h°M habere Reason apP»-tojustify001^ such entry, Triplett, for plaintiff; Qkittenden, for defendant.

As the circuit court in this case, made an order, instructing the clerk to withhold the “habere facias” without any sufficient reason, apparent in the record to justify such an entry, the order must be set aside, and the case remanded, in order that the may have execution.

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Chief Justice Robertson

delivered the opinion of the Court.

A party who has obtained a judgment, entitling him to the possession of land, has a right t" [315]*315■a “habere facias possessionem,” unless by a proceeding-under the occupant laws, execution be suspended.

strutting clerk to with-h°M habere Reason apP»-tojustify001^ such entry, Triplett, for plaintiff; Qkittenden, for defendant.

As the circuit court in this case, made an order, instructing the clerk to withhold the “habere facias” without any sufficient reason, apparent in the record to justify such an entry, the order must be set aside, and the case remanded, in order that the may have execution.

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Bluebook (online)

26 Ky. 314, 3 J.J. Marsh. 314, 1830 Ky. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-dameron-kyctapp-1830.