Pollock v. Maysville & Big Sandy R. R.
Court of Appeals of Kentucky
Case 10 — PETITION ORDINARY APPEAL FROM LEWIS CIRCUIT COURT.' (Brief withdrawn.) 1. Appellant and appellee both claim under the same title, and appellant is, therefore, estopped to deny that the party through whom they claimed had title at the time of the grant to the company of the right of way. 2. The appellant did not claim in his reply that the grant of the right of way had been barred by adverse possession,-and, therefore, any evidence tending to show the same was not…
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Case 10 — PETITION ORDINARY APPEAL FROM LEWIS CIRCUIT COURT.' (Brief withdrawn.) 1. Appellant and appellee both claim under the same title, and appellant is, therefore, estopped to deny that the party through whom they claimed had title at the time of the grant to the company of the right of way. 2. The appellant did not claim in his reply that the grant of the right of way had been barred by adverse possession,-and, therefore, any evidence tending to show the same was not competent; he simply denied in his reply the making of any such grant by the then owner of the lot. 3. The refusal of the…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
In the original petition in this action filed by appellant against appellee, October 8, 1889, it is substantially alleged: That the plaintiff was the owner and in possession of a house and lot of ground in the town of Concord, Lewis county, Kentucky, the .same being on the south side of Second street, abutting thereon, in the lower or west end of said town, more fully described in a deed from A. J. Harrison, sheriff of Lewis county, to him, and made part hereof. The said deed is dated May 23, 1873, and recorded in the Lewis county clerk’s office,…
2Cases cited2 opinions
- Sutton v. PollardCourt of Appeals of Kentucky · 1895
- Farmer v. LyonsCourt of Appeals of Kentucky · 1888
3Cited by4 opinions
- Netherlands American Mortgage Bank v. Eastern Railway & Lumber Co.Washington Supreme Court · 1927
- Saulsberry v. Kentucky & West Virginia Power Co.Court of Appeals of Kentucky (pre-1976) · 1928
- Louisville & N. R. R. v. SmithCourt of Appeals of Kentucky · 1907
- Fuller v. MullinsCourt of Appeals of Kentucky · 1911