Stillwell v. Duncan
Court of Appeals of Kentucky
Case 6 — 'PETITION ORDINARY APPEAL FROM NELSON CIRCUIT COURT. 1. When in an action for trespass upon land the title is put in issue, the right of appeal exists irrespective of the amount of damages assessed. Casliy v. Lewis, 15 B. M., 27; 7 Bush, 26; 88 Ky., 254; 90 Ky., 96. 2. Appellee’s possession was obtained by force, and was not such possession as will authorize him to maintain an action for trespass quare elaumrn freglt.
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Case 6 — 'PETITION ORDINARY APPEAL FROM NELSON CIRCUIT COURT. 1. When in an action for trespass upon land the title is put in issue, the right of appeal exists irrespective of the amount of damages assessed. Casliy v. Lewis, 15 B. M., 27; 7 Bush, 26; 88 Ky., 254; 90 Ky., 96. 2. Appellee’s possession was obtained by force, and was not such possession as will authorize him to maintain an action for trespass quare elaumrn freglt. Bacon’s Abridgement, title Trespass, p. 566; McLain v. Todd’s Heirs, 5 J. J. M., 338; Townsend v. Bissel, 5 Thomp. & C. (N. Y.), 583; 3 Hun. (N. Y.), 556; 111. R. R.…
1Opinion of the Court
JUDGE DuRELL/E
delivered the opinion of the court.
The appellee brought -suit against appellant for trespass* quare clausum fregit, alleging that he, Duncan, was in possession of a tract of land of about an acre; and that on March 20, 1895, appellant wrongfully entered on said land and cut down and carried away tr-eesi growing thereon, tore-down fencing, dug holes and placed other fencing and timber and turned cattle thereon. Appellant answered, denying the’ wrongful entry; and in the second paragraph, as amended,, stated that he was the owner and entitled to the possession,, averring facts…
2Cases cited7 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Hughes v. SwopeCourt of Appeals of Kentucky · 1886
- Illinois & St. Louis Railroad & Coal Co. v. CobbIllinois Supreme Court · 1879
- Tribble v. FrameCourt of Appeals of Kentucky · 1824
- Clements v. Waters & HaydenCourt of Appeals of Kentucky · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kentucky Coal Lands Co. v. Mineral Development Co.U.S. Circuit Court for the District of Kentucky · 1911
- Commonwealth v. GearyCourt of Appeals of Kentucky · 1953
- Carroll v. Little River Drainage DistrictMissouri Court of Appeals · 1921
- Latta v. ReddenCourt of Appeals of Kentucky · 1883
- Tavitoff v. StepovichCourt of Appeals for the Ninth Circuit · 1937