Ledford v. Hall, 181 F.2d 494 (6th Cir. 1950). · Go Syfert
Ledford v. Hall, 181 F.2d 494 (6th Cir. 1950). Cases Citing This Book View Copy Cite
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LEDFORD Et Al.
v.
HALL
10989_1.
Court of Appeals for the Sixth Circuit.
Apr 20, 1950.
Published opinion
181 F.2d 494
1950 U.S. App. LEXIS 2627
E. B. Rose, Beattyville, Ky., and Kelly Kash, Washington, D., C., for appellants., C. F. Kelly, Lexington, Ky., for appellee.
Hicks, Simons, Miller.
Published
PER CURIAM. . -.

This appeal was considered by the Court on the Transcript of Record and briefs of counsel for appellants and appellee;

[*495] 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.