LEDFORD ET AL.
v.
HALL

6th Cir. | 1950-04-20
No. 10989
181 F.2d 494 United States Court of Appeals for the Sixth Circuit (1950) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM. . -.

PER CURIAM. . -.

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.


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