Mosley v. Kentucky Coal Lands Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Kentucky. Suit in equity by Elihu Mosley and another against the Kentucky Coal Lands Company. - Decree for defendant, and complainants appeal. This is a bill to remove a cloud from title to real estate, and it presents problems-concerning the character, extent, and effect of possession of lands in Kentucky.
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Appeal from the District Court of the United States for the Eastern District of Kentucky. Suit in equity by Elihu Mosley and another against the Kentucky Coal Lands Company. - Decree for defendant, and complainants appeal. This is a bill to remove a cloud from title to real estate, and it presents problems-concerning the character, extent, and effect of possession of lands in Kentucky. The title of Mosley, plaintiff below, was based wholly upon adverse possession; the District Court thought it not sufficiently made out, and dismissed the bill, and Mosley appeals. ■ The Kentucky statutory…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1, 2] The Roberts-Mosley deed was not recorded until 1908, and the first question is whether the doctrine that constructive possession extends to the limits fixed in the deed, applies as well when that instrument is not recorded as when it is. This has not been expressly decided in Kentucky. In Poage’s Heirs v. Chinn’s Heirs, 4 Dana (Ky.) 50, the court was dealing with a statute, but it is apparent that the possession involved was largely of the constructive character now involved. It was held that record of the immediate instrument under which the…
2Cases cited10 opinions
- Lea v. Polk County Copper Co.Supreme Court of the United States · 1859
- Burt & Brabb Lumber Co. v. SackettCourt of Appeals of Kentucky · 1912
- Prescott v. NeversU.S. Circuit Court for the District of Maine · 1827
- Krauth v. HahnCourt of Appeals of Kentucky · 1901
- Lipps v. TurnerCourt of Appeals of Kentucky · 1915
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3Cited by2 opinions
- Combs v. Haley Coal Co.Court of Appeals for the Sixth Circuit · 1921
- Virginia Iron, Coal & Coke Co. v. WebbCourt of Appeals for the Sixth Circuit · 1920