Elliott v. Campbell
Court of Appeals of Kentucky
Case 84 — Action by Henry Elliott against Levi Campbell to Recover Land. APPEAL FROM KNOX CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. •CLASSIFICATION OF QUESTIONS. 1. The evidence of appelee, Levi Campbell, relative to the location of the beginning corner of his tract of land’ and to a conversation had with Benjamin Eve and others, who are dead, was incompetent.
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Case 84 — Action by Henry Elliott against Levi Campbell to Recover Land. APPEAL FROM KNOX CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. •CLASSIFICATION OF QUESTIONS. 1. The evidence of appelee, Levi Campbell, relative to the location of the beginning corner of his tract of land’ and to a conversation had with Benjamin Eve and others, who are dead, was incompetent. Cited, subsec. 2, sec. 606, Civil Code; Whalen v. Nesbet, &c., 95 Ky., 464. 2. Campbell’s evidence was incompetent, because it contradicted the title bond of Benjamin E.ve, the written contract under which appellee…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Reversing.
Both appellant and appellee claim to have derived title to the land in controversy from Benjamin Eve. The right *721to the land depends upon the location of the beginning corner of the tract of land sold by Eve to appellee, Campbell, as appellant bought to the latter’s line. Campbell claims the beginning corner is located on what is known in this record as the “reverse line,” which was a boundary line to a fifty acre tract owned by Sol Campbell, while appellant claims the beginning corner is located at a different place in Sol Campbell’s line, to a…
2Cases cited4 opinions
- Williams' Ex'r v. WilliamsCourt of Appeals of Kentucky · 1890
- Worthley's Administrator v. HammondCourt of Appeals of Kentucky · 1877
- Whalen v. NisbetCourt of Appeals of Kentucky · 1894
- Townsend v. WilsonCourt of Appeals of Kentucky · 1903
3Cited by2 opinions
- Towles v. CampbellCourt of Appeals of Kentucky (pre-1976) · 1926
- Meredith v. IngramCourt of Appeals of Kentucky · 1971