Kentucky Union Co. v. Lovely
Court of Appeals of Kentucky
Case 38 — Action for Damages to Real Estate — APPEAL FROM BREATHITT CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. The appellants, D. P. Hagins and W. H. Blanton, purchased the timber on a tract of land .on Winnie Branch from their co-appellant, Kentucky Union Company, and proceeded to cut and remove same.
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Case 38 — Action for Damages to Real Estate — APPEAL FROM BREATHITT CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. The appellants, D. P. Hagins and W. H. Blanton, purchased the timber on a tract of land .on Winnie Branch from their co-appellant, Kentucky Union Company, and proceeded to cut and remove same. This suit was brought by appellees against the Kentucky Union Company, Blanton & Hagins, for trespass, alleging they were the owners of the land and claiming $2,500 damages for the timber. Separate answers were filed admitting the cutting by Blanton & Hagins, but alleging the…
1Opinion of the Court
Opinion of the court by
JUDGE GUFFY
Reversing.
This is an action for damages to real estate. Issue was joined as to title of the land and the question of damages. *298The bill of exceptions shows that after the jury had been impaneled andi sworn there were filed with the clerk deposition® as one of appellees, as well as several witnesses for them. Appellants then filed exceptions to the depositions because of defective notice, or rather, as to part of appellants who had filed separate answers no notice at all was given or attempted. The exception was overruled. On the trial the court, over…
2Cited by2 opinions
- Kentucky Union Co. v. LovelyCourt of Appeals of Kentucky · 1918
- Stevenson v. Illinois Central RailroadCourt of Appeals of Kentucky · 1914