Commonwealth v. Gibson
Court of Appeals of Kentucky
Case 80 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. The possession of Mrs. Robinson was not adverse. So long as the donee or vendee under a parol contract looks to the donor or vendor for title, the possession is amicable, and the statute of limitations is not a bar to the recovery by the donor. (Speers v. Sewell, 4 Bush, 241; Strother v. Cyrus, 5 Ky. Law Rep., 58; Pite v. Orr’s Assee., 8 Ky. Law Rep., 349; PragofF v. Elood, 7 Ky.
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Case 80 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. The possession of Mrs. Robinson was not adverse. So long as the donee or vendee under a parol contract looks to the donor or vendor for title, the possession is amicable, and the statute of limitations is not a bar to the recovery by the donor. (Speers v. Sewell, 4 Bush, 241; Strother v. Cyrus, 5 Ky. Law Rep., 58; Pite v. Orr’s Assee., 8 Ky. Law Rep., 349; PragofF v. Elood, 7 Ky. Law Rep., 636-645.) 1. As appellant does not allege that the land in controversy was the property of its debtor, James W. Gibson, Sr., it does not show…
1Opinion of the Court
.JUDGE HOLT
delivered the opinion of the .court.
The testimony in this case shows that James W. Gibson, Sr., gave by parol to his son Wiley Gibson, the ■one hundred and eleven acres of land in contest in 1862, and that he, in like manner, gave to his daughter, the appellee Martha, the Pritchett land, and when she married in January, 1864, told her to take possession ■of it. The son took possession of his land when it was thus given to him, and lived upon it from that time *667until December, 1865, when, at the instance and by the request of the father, the son and daughter verbally exchanged farms,…
2Cases cited3 opinions
- Usher's Ex'r v. FloodCourt of Appeals of Kentucky · 1886
- Medlock v. SuterCourt of Appeals of Kentucky · 1882
- Speers v. SewellCourt of Appeals of Kentucky · 1868
3Cited by27 opinions
- Owsley v. OwsleyCourt of Appeals of Kentucky · 1903
- Padgett v. DeckerCourt of Appeals of Kentucky · 1911
- McClenahan v. StevensonSupreme Court of Iowa · 1902
- Tippenhauer v. TippenhauerCourt of Appeals of Kentucky · 1914
- Nelson v. JohnsonCourt of Appeals of Kentucky · 1920
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