Skip to main content
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

1,090 chars
In this country our statute is not precisely the same as those of England, but it is more favorable to the possessor,' and declares that every entry, whether with or without force, if it be made without the assent or against the will of the person having the possession in fact, shall be deemed a forcible entiy .... The landlord can, no more than any other person, after the. expiration of the lease, enter against the will of the tenant. If the tenant refuses to restore the possession, the act has furnished a remedy to the landlord; but in pursuing that remedy, he is not to be his own judge, but must refer his case to the tribunals of justice for decision. The .landlord may have a title of entry, but his having such title gives him no right to enter upon the possession in fact of another against the will of the possessor; and there is nothing in the act which places his claim to redress himself by his own act on different footing from any other person having the right of entry; and if he should enter, must be subject to the same consequences of others making forcible entries,