Frazer v. Naylor
Court of Appeals of Kentucky
CASE 49 — PETITION EQUITY APPEAL FROM PENDLETON CIRCUIT COURT. This appeal is prosecuted to reverse a judgment rendered by the Pendleton circuit court dismissing the petition of the plaintiffs, in which they sought to recover four lots of ground in the town of Falmouth, in Pendleton county. 1. The possession of Mrs. Naylor cannot be deemed adverse unless she had clearly and distinctly claimed to hold adversely, accompanied with the claim of the fee.
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CASE 49 — PETITION EQUITY APPEAL FROM PENDLETON CIRCUIT COURT. This appeal is prosecuted to reverse a judgment rendered by the Pendleton circuit court dismissing the petition of the plaintiffs, in which they sought to recover four lots of ground in the town of Falmouth, in Pendleton county. 1. The possession of Mrs. Naylor cannot be deemed adverse unless she had clearly and distinctly claimed to hold adversely, accompanied with the claim of the fee. (Angelí on Limitations, secs. 384, 385,pp. 463, 466; Paine Circuit Court R., 457, 465 ; 7 Wheaton, 59; 18 B. Mon., 855; 2 Bouvier,s Inst., p.…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
The appellants, being the half brothers of Sidney H. Monroe the elder, are clearly entitled, as the only heirs at law of Sidney H. Monroe the younger, to the lots in controversy, under the 5th section of the act of 1796 directing the course of descents.
*595This position is not seriously questioned by the counsel for the appellees, but they insist that the adverse possession of the lots by Mrs. Naylor, and those claiming under her, for more than twenty years prior to the institution of this suit, has operated to bar and defeat the legal claim of the…
2Cited by5 opinions
- Sale v. CrutchfieldCourt of Appeals of Kentucky · 1871
- McDowell v. HollowellCourt of Appeals of Kentucky · 1917
- Riley v. City of LexingtonCourt of Appeals of Kentucky · 1920
- Griffith v. Griffith's Exr.Court of Appeals of Kentucky · 1913
- Harreld v. HowardCourt of Appeals of Kentucky · 1882