142 Ky. 7 | Ky. Ct. App. | 1911
Opinion of the Court by
-Reversing.
An action in regard to the same land and similar in many respects to this one, was decided by this court .some time ago. (Hall v. Deaton, et al., 32 Ky. Law Rep., 34) Hall alone was appellant in that action and five of the present appellants were defendants. There are ten : appellants to this appeal, five of whom were parties to the former action. Hall, during the pendency of the ■former action, sold his interest in the land to James G-.
Under the opinion in the former case, Hall was given a judgment for $600.00 for the trespass upon his possession. This was done, not because he had title to the land, for the court said he had none, and the parties were relegated to an action in ejectment to ascertain who were the owners of the land, and all the parties are still at liberty to bring that action and assert and prove'
Hall is still entitled to the $600.00 judgment rendered in the former case. It was a personal judgment in his favor and did not pass, so far as the record shows, to James G-. Deaton by reason of the sale to him. Besides, it is not such a claim that is assignable under the Statutes so as to vest the legal title and right of action in the assignee. If assignable at all, the assignment vested only an equity in Deaton and Hall should have been made a party to this action.
For these reasons, the judgment is reversed and remanded with directions that the old case be redocketed and judgment rendered therein as directed by this court in the former opinion, and this case dismissed without prejudice.