Ledford v. Hall

Sixth Circuit

Ledford v. Hall

181 F.2d 494, 1950 U.S. App. LEXIS 2627

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 20, 1950

Docket10989_1

StatusPublished

This text of 181 F.2d 494 (Ledford v. Hall) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ledford v. Hall, 181 F.2d 494, 1950 U.S. App. LEXIS 2627 (6th Cir. 1950).

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Opinion

PER CURIAM. . -.

This appeal was considered by the Court on the Transcript of Record and briefs of counsel for appellants and appellee;

*495 And it appearing that the action is one of forcible entry under Sec. 452 of the Civil Code of Practice of Kentucky, which protects merely the actual possession of real estate to a party having such possession regardless of how such possession was acquired, and in which action neither the title to, nor the value of, the real estate in question is involved; Belcher v. Howard, 212 Ky. 816, 280 S.W. 131; Moore v. Ramsey, 272 Ky. 582, 114 S.W.2d 1101; Snyder v. Crutcher, 290 Ky. 71, 160 S.W. 2d 156; Sec. 460, Civil Code of Practice of Kentucky;

And it not being shown by the appellants that the value of such possession is sufficient for jurisdiction under Sec. 1332(a) (1), Title 28, U.S.C.A.; McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 56 S.Ct. 780, 80 L.Ed. 1135.

And for the reasons given by the District Judge in his oral opinion;

It is ordered that the judgment of the District Court be affirmed.

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PER CURIAM. . -.

This appeal was considered by the Court on the Transcript of Record and briefs of counsel for appellants and appellee;

*495 And it appearing that the action is one of forcible entry under Sec. 452 of the Civil Code of Practice of Kentucky, which protects merely the actual possession of real estate to a party having such possession regardless of how such possession was acquired, and in which action neither the title to, nor the value of, the real estate in question is involved; Belcher v. Howard, 212 Ky. 816, 280 S.W. 131; Moore v. Ramsey, 272 Ky. 582, 114 S.W.2d 1101; Snyder v. Crutcher, 290 Ky. 71, 160 S.W. 2d 156; Sec. 460, Civil Code of Practice of Kentucky;

And it not being shown by the appellants that the value of such possession is sufficient for jurisdiction under Sec. 1332(a) (1), Title 28, U.S.C.A.; McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 56 S.Ct. 780, 80 L.Ed. 1135.

And for the reasons given by the District Judge in his oral opinion;

It is ordered that the judgment of the District Court be affirmed.

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181 F.2d 494, 1950 U.S. App. LEXIS 2627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledford-v-hall-ca6-1950.

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