Bryan v. Board of Education
Court of Appeals of Kentucky
Case 53 — PETITION EQUITY APPEAL PROM BOTJRBON CIRCUIT COURT. 1. There is nothing to support the claim made by appellees upon the ground of adverse possession and lapse of time. Adverse possession for the purpose of a hostile claim is entirely different from exclusive possession amicably obtained by trustees who take a necessary possession in order to discharge their duties.
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Case 53 — PETITION EQUITY APPEAL PROM BOTJRBON CIRCUIT COURT. 1. There is nothing to support the claim made by appellees upon the ground of adverse possession and lapse of time. Adverse possession for the purpose of a hostile claim is entirely different from exclusive possession amicably obtained by trustees who take a necessary possession in order to discharge their duties. A trustee’s possession is like that of tenants in common — neither can claim exclusive possession, adverse to the other without an unequivocal renunciation of the relation being made; and no renunciation will bo implied…
1Opinion of the Court
OHIEE JUSTICE LEWIS
delivered the opinion of the court.
This action was brought by G. H. Bryan and seven associates for themselves and other share-holders in the Board of Education of the Kentucky Annual Conference of the Methodist Episcopal Church South, and in the Millersburg Male and Female Collegiate Institute, against said board for an injunction, that was-granted temporarily, restraining defendant from selling or disposing of a certain lot of land and buildings-, of the Kentucky Wesleyan College, or removing its-capital or- property from Millersburg to Winchester, or using any of such…
2Cited by4 opinions
- Central University of Kentucky v. Walters' Exrs.Court of Appeals of Kentucky · 1906
- Scott-Lees Collegiate Institute v. CharlesCourt of Appeals of Kentucky (pre-1976) · 1940
- Ballard & Ballard Co. v. DurrCourt of Appeals of Kentucky · 1915
- Wetzell v. City of PaducahU.S. Circuit Court for the District of Western Kentucky · 1902