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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Shinkle v. Turner, 496 S.W.3d 418 (2016)

Citation
Shinkle v. Turner, 496 S.W.3d 418 (2016)
Parent Document
Shinkle v. Turner, 496 S.W.3d 418 (2016)
Jurisdiction
Kentucky (state)
Effective Date
2016-08-25

Full Text

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A forcible detainer action focuses upon and determines which party is entitled to present possession of the property at the commencement of the action, not at some later date. Bledsoe v. Leonhart, 305 Ky. 707, 205 S.W.2d 483, 484 (1947) (“The question for decision was whether or not appellant was guilty of forcible detainer at the time the [forcible detainer] warrant was issued”) (emphasis added); see Belcher v. Howard, 212 Ky. 816, 280 S.W. 131, 131 (1926) (“On a warrant for forcible entry the only question is the possession at the time the entry was made. ”)(emphasis added); Hall’s Ex’rs v. Robinson, 291 Ky. 631, 165 S.W.2d 163, 166 (1942) (Appellants clearly “had no right to maintain the [forcible detainer] action” where they failed to establish the right of possession.); see also Engle v. Tennis Coal Co., 125 Ky. 239, 101 S.W. 309, 310 (1907)(“[O]nly the naked right of possession is involved in the forcible detainer proceeding .... ).8