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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Emmons v. Madden, 781 S.W.2d 529 (1989)

Citation
Emmons v. Madden, 781 S.W.2d 529 (1989)
Parent Document
Emmons v. Madden, 781 S.W.2d 529 (1989)
Jurisdiction
Kentucky (state)
Effective Date
1989-12-08

Full Text

743 chars
We agree with the appellant that the district court did not have subject matter jurisdiction to resolve the dispute concerning possession of these properties. It is well settled in this Commonwealth that a forcible detainer action is viable only where the relationship of the competing parties is that of landlord and tenant. “It has been repeatedly decided by this court that to maintain the writ of forcible detain-er the relationship of landlord and tenant must exist in some form.” Cuyler v. Estis 23 K.L.R. 1063, 64 S.W. 673, 674 (1901). The summary procedure provided for in district court is designed to “restore to a landlord premises unlawfully detained by a mere tenant.” Hall’s Ex’rs v. Robinson, 291 Ky. 631, 165 S.W.2d 163 (1942).