Amburgy v. Burt & Brabb Lumber Co.
Court of Appeals of Kentucky
Case 74. — ACTION BY ONE SERGENT AGAINST A. A. AMBURGY AND OTHERS, IN WHICH THE DEFENDANT, THE BURT & BRABB DUMBER CO., FILED A CROSS-PETITION AGAINST ITS CO-DEFENDANTS Appeal from Knott Circuit Court. A. J. Kirk, Circuit Judge. Prom tlie judgment Amburgy, &c., appeal. Plaintiff’s judgment affirmed.
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Case 74. — ACTION BY ONE SERGENT AGAINST A. A. AMBURGY AND OTHERS, IN WHICH THE DEFENDANT, THE BURT & BRABB DUMBER CO., FILED A CROSS-PETITION AGAINST ITS CO-DEFENDANTS Appeal from Knott Circuit Court. A. J. Kirk, Circuit Judge. Prom tlie judgment Amburgy, &c., appeal. Plaintiff’s judgment affirmed. POINTS AND AUTHORITIES. 1. Plaintiff, in the court below, can not recover for trespass or -judgment quieting his title unless he shows' that he is the owner of the legal title, and in the possession of the land in dispute. 2. Plaintiffs, in cross-petition, can not recover judgment against…
1Opinion of the Court
*582Opinion by
Judge O’Rear
Affirming in part and reversing in part.
Appellee Sergent, alleging that he was the owner of a certain tract 'of land on Carr’s Fork and its waters, in Knott county, sued appellants, Amburgy and Franklin and the Burt & Brabb Lumber Company,, charging that they were setting up claim to thirty-six poplar trees on his land, which had been marked in the brand of the last-named company. The object of the suit was to quiet 'appellee, Sergent’s title to the land -and trees in question. Sergent claimed under a deed from J. B. Pigman, who was the patentee of' the tract of land…
2Cases cited2 opinions
- Jamison v. PetitCourt of Appeals of Kentucky · 1869
- Strange v. GessCourt of Appeals of Kentucky · 1901
3Cited by21 opinions
- Garvin v. ThrelkeldCourt of Appeals of Kentucky · 1917
- Warden v. AddingtonCourt of Appeals of Kentucky · 1909
- Grim v. JohnsIndiana Court of Appeals · 1916
- Blanton v. HowardCourt of Appeals of Kentucky · 1912
- Bordes v. LeeceCourt of Appeals of Kentucky · 1919
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