Casey v. Klette

Decided September 24, 1868

Court of Appeals of Kentucky · decided 1868-09-24

This was a suit for ouster of appellant from certain lands -held by him under lease from Merritt ITodges. Klette was the original owner of the land, and his tenants allowed ITodges, some 10 or 12 years before, to come into possession of same, under an alleged lease from Klette, and three years before the institution of this action Hodges placed John Casey in possession as his tenant, who refused to vacate, claiming title to the lands.

Decided 1868-09-24

¶1OPINION OE THE COURT BY

JüDGE PETERS:

¶2It appears from the evidence that appellee had been possessed of the land claimed in this suit for many years; that Hodges ten or twelve years ago occupied the land claiming to have entered under appellee, and a short time before the bringing of this suit he put Casey on the land as his tenant, and renounced his allegiance to appellee.

¶3The length of possession of appellee was sufficient of itself to enable him to maintain the action, and the repudiation of his right by Hodges, and his tenant, changed the possession from a friendly to a hostile holding, and they were not entitled to' a notice to quit theretofore.

¶4The evidence authorized the verdict, and there is no available objection, or error in the instruction.

¶5Wherefore, the judgment is affirmed.