Legal Opinion

Hays v. McLin

Court of Appeals of Kentucky

Decided March 4, 1903PublishedCited by 3 opinions

Case 6 — Action by David Hays and Another against J. B. MoLin and Others for Cutting and Removing Timber from Land. APPEAL FROM LETCHER CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal. POINTS DISCUSSED AND AUTHORITIES CITED FOR APPELLANTS. 1. After thirty years occupancy and actual possession, the law will presume a grant from the Commonwealth of Kentucky.

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Case 6 — Action by David Hays and Another against J. B. MoLin and Others for Cutting and Removing Timber from Land. APPEAL FROM LETCHER CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal. POINTS DISCUSSED AND AUTHORITIES CITED FOR APPELLANTS. 1. After thirty years occupancy and actual possession, the law will presume a grant from the Commonwealth of Kentucky. Simpson v. Hawkins, 1 Dana, p. 326; Jarboe v. McAfee’s Heirs, 7 B. M., 280; Henderson v. Perkins, 94 Ky., 212. 2. When the evidence conduces in any degree to establish the right of recovery, it is improper to give a peremptory…

1Opinion of the Court

Opinion op the coitet by

JUDGE PAYUTER

Reversing.

This action was instituted by the appellants, David Hays and Jonathan L. Holcombe, against appellees, for cutting and removing timber from a certain, tract of land in Letcher county, Ky. The timber which' they ■ cut and removed was pant of the timber which John Holcombe sold and conveyed to the appellants by deed dated 7th: day of October, 1899. The timber sold to the appellants, is described as -follows: “All the merchantable yellow poplar, ash and cucumber trees or logs owned by us on the south side of Linefork creek and on the north side of…

2Cases cited1 opinion

  1. Moss v. MeshewCourt of Appeals of Kentucky · 1871

3Cited by3 opinions

  1. Paullus v. YARBROUGH ET UXOregon Supreme Court · 1959
  2. Omaha Lumber Co. v. Co-operative Investment Co.Supreme Court of Colorado · 1913
  3. Sears v. OhlerCourt of Appeals of Kentucky · 1911

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