Haffendorfer v. Gault
Court of Appeals of Kentucky
Case 18 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The defense of mistake relied on by appellees is wholly destitute of; support. 2. To constitute adverse possession, there must be not only actual occupation, but also a claim of title hostile to that of the true owner.
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Case 18 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The defense of mistake relied on by appellees is wholly destitute of; support. 2. To constitute adverse possession, there must be not only actual occupation, but also a claim of title hostile to that of the true owner. (Ray v. Barker, 1 B. M„ 365; Croan v. Joyce, 3 Bush, 456; 54 Cal., 547;. 58 Texas, 490; 8 Bissell, C. C., 394; 43 Mich., 547; 69 Ala., 400; Angelí on Limitation, section 390; 3 Greenleaf (Maine Rep.), 126; 7 Iredell (N. O.), 310,) Brief not in record.
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
In a division of the lands of Endooia Puryear, in tlie city of Louisville, made in 1848, between her heirs, Mary Lignon received a lot described in the. *125deed of partition as beginning at the intersection of 18th and Broadway streets, running thence east with Broadway 210 feet; thence southward parallel with 18th street, but diverging westward of a line perpendicular to Broadway.
The heirs of J. Puryear received in the same division an adjacent lot, described as beginning at Lignon’s corner on Broadway, running therewith east 112 feet; thence south,…
2Cases cited1 opinion
- Croan v. JoyceCourt of Appeals of Kentucky · 1867
3Cited by3 opinions
- Worthley v. BurbanksIndiana Supreme Court · 1897
- Upchurch v. Sutton Bros.Court of Appeals of Kentucky · 1911
- Cornillaud v. FisherCourt of Appeals of Kentucky (pre-1976) · 1929