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Ledford v. Hall

United States Court of Appeals, Sixth Circuit
Apr 20, 1950
181 F.2d 494 (6th Cir. 1950)

Opinion

No. 10989.

April 20, 1950.

E.B. Rose, Beattyville, Ky., and Kelly Kash, Washington, D.C., for appellants.

C.F. Kelly, Lexington, Ky., for appellee.

Before HICKS, Chief Judge, and SIMONS and MILLER, Circuit Judges.


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

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.


Summaries of

Ledford v. Hall

United States Court of Appeals, Sixth Circuit
Apr 20, 1950
181 F.2d 494 (6th Cir. 1950)
Case details for

Ledford v. Hall

Case Details

Full title:LEDFORD et al. v. HALL

Court:United States Court of Appeals, Sixth Circuit

Date published: Apr 20, 1950

Citations

181 F.2d 494 (6th Cir. 1950)