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BINGHAM v. FORDSON COAL CO.

No. 4896.

26 F.2d 346 (1928)

BINGHAM v. FORDSON COAL CO.

Circuit Court of Appeals, Sixth Circuit.

May 10, 1928.

Attorney(s) appearing for the Case

E. L. Worthington, of Maysville, Ky. (Martin T. Kelly, of Pineville, Ky., on the brief), for plaintiff in error.

Cleon K. Calvert, of Pineville, Ky. (W. R. Middleton and C. B. Longley, both of Detroit, Mich., and J. G. Bruce, of Pineville, Ky., on the brief), for defendant in error.

Before DENISON, MOORMAN and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

On November 24, 1909, Turner obtained a judgment in ejectment against Joseph Asher and others for a tract of land. Execution was never issued on the judgment, but on June 23, 1924, the Fordson Coal Company, claiming through mesne conveyances from Turner, filed a petition and motion, under section 402, Civil Code of Kentucky, asking for a writ of possession for the land for its benefit according to the terms of the judgment. The District Court...

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