Sutton v. Pollard
Court of Appeals of Kentucky
Case 106 — PETITION EQUITY — APPEAL FROM GARRARD CIRCUIT COURT. ■1. Title by adverse possession for the period fixed by the statute is as complete as title acquired by a perfect paper title. (11 Ky. Law Bep., 820; Ballard’s Annual on Law of Beal Property, vol. 2, sec. 32 and authorities cited; Jones v. Jones, 18 Ala., 248; 13 Am. & Eng.
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Case 106 — PETITION EQUITY — APPEAL FROM GARRARD CIRCUIT COURT. ■1. Title by adverse possession for the period fixed by the statute is as complete as title acquired by a perfect paper title. (11 Ky. Law Bep., 820; Ballard’s Annual on Law of Beal Property, vol. 2, sec. 32 and authorities cited; Jones v. Jones, 18 Ala., 248; 13 Am. & Eng. Enc. of Law, p. 694; Chiles v. Jones, 4 Dana, 484.) 2. Plaintiffs and those under whom they hold are not estopped to claim adversely to Mrs. Dales and her privies. (Medlock v. Suter, 80 Ky., 102; 4 B. M„ 650; 6 B. M., 352; 1 Dana, 36.) One may hold adversely…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion oe the court.
This action was instituted in the Garrard Circuit Court by B. D. Sutton and others against Elizabeth Pollard and others, for the recovery of one hundred and five acres of land in said county. Plaintiffs avered that they were the owners of and entitled to the immediate possession of the land, and assert claim under paper title, and also claim title by reason of more than thirty years adverse possession prior to the bringing of this action. Defendants filed answer, and in the first paragraph thereof denied plaintiffs’ title and right to possession…
2Cases cited4 opinions
- Logan v. BullCourt of Appeals of Kentucky · 1880
- Chiles v. JonesCourt of Appeals of Kentucky · 1836
- Winlock v. HardyCourt of Appeals of Kentucky · 1823
- Marshall v. McDanielCourt of Appeals of Kentucky · 1876
3Cited by8 opinions
- Summerfield v. WhiteWest Virginia Supreme Court · 1903
- White v. McNabbCourt of Appeals of Kentucky · 1910
- Turner v. BegleyCourt of Appeals of Kentucky (pre-1976) · 1931
- Fordson Coal Company v. RoarkCourt of Appeals of Kentucky (pre-1976) · 1926
- Pollock v. Maysville & Big Sandy R. R.Court of Appeals of Kentucky · 1898
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