Northup's Trustees v. Sumner's Trustees
Court of Appeals of Kentucky
Appeal from Martin Circuit Court. E. C. Burns, Special Judge. Judgment for plaintiffs. Defendant appeals. POINTS AND AUTHORITIES. 1. Virginia patent to Thomas Franklin superior title, and Kentucky patents within its boundary void. (Taulhee v. Buckner‘3 Admr., 91 S. W. 734.) 2. Its true location'shown hy evidence, also prima facie shown by the report of the surveyor.
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Appeal from Martin Circuit Court. E. C. Burns, Special Judge. Judgment for plaintiffs. Defendant appeals. POINTS AND AUTHORITIES. 1. Virginia patent to Thomas Franklin superior title, and Kentucky patents within its boundary void. (Taulhee v. Buckner‘3 Admr., 91 S. W. 734.) 2. Its true location'shown hy evidence, also prima facie shown by the report of the surveyor. (Bates v. Baker, 101 S; W. 340.) 3. Incumbent upon appellees to show title by .adverse possession in Pack, or immediate vendor, and. they can recover only on the strength of their own title. (Taulbee v. Buckner’s Admr., DI S. W.…
1Opinion of the Court
Opinion of the Court by
Judge Lassing
Affirming.
Tn September, 1898, Juliette C. Sumner filed' suit against J. EL Northup, wherein she sought to recover of him $1,000 damages', the value of certain timber which he had out and removed from land described in her petition as belonging to her. She also' asked that he be enjoined and restrained’ from committing-further trespass upon her land. He answered, traversing every allegation, of the petition, and in a separate paragraph pleaded that he was himself the owner of the land by purchase at execution sale. He alleged that one R. F. Yinson was a…
2Cases cited6 opinions
- Campbell v. TrosperCourt of Appeals of Kentucky · 1900
- Overton v. PerryCourt of Appeals of Kentucky · 1908
- Young v. WithersCourt of Appeals of Kentucky · 1839
- McCampbell v. McCampbellCourt of Appeals of Kentucky · 1898
- Smith's Heirs v. Frost'sCourt of Appeals of Kentucky · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Whitley County Land Co. v. Powers' HeirsCourt of Appeals of Kentucky · 1912
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1917
- Bowling v. Breathitt Coal, Iron & Lumber Co.Court of Appeals of Kentucky · 1909
- Frazier v. IsonCourt of Appeals of Kentucky · 1914
- Williams v. Denny, Banking CommissionerCourt of Appeals of Kentucky (pre-1976) · 1931
11 more not listed; retrieve them via the Exa API.