Kercheval v. Ambler, 34 Ky. 166 (1836)

Citation: Kercheval v. Ambler, 34 Ky. 166 (1836)
Parent Document: Kercheval v. Ambler, 34 Ky. 166 (1836)
Jurisdiction: Kentucky (state)
Effective Date: 1836-06-09
Original Source: https://www.courtlistener.com/opinion/7459288/kercheval-v-ambler/ ↗

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Third. The judgment in ejectment was conclusive as to the fact that John Kercheval had been in possession; and, whatever may be the preponderance of probability, the jury had a- right, in the opinion of this Court, to de*168cicle that he had tortiously entered on the actual possession of Ambler, after the execution of the habere facias-, and, of course, whether he entered for his own or another’s use, and whether he or another was on the land when the warrant in this case was issued, he is liable to this summary proceeding for restitution so far as he has acted and may, in that respect, be concerned. Such is the practical operation of the statuté, and any other construction of it would render it) in many instances, ineffectual and nugatory.

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