Muse v. Payne

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

Alleging that she was the owner and in possession of a tract of land consisting of about fifty-two acres, located in Fleming County, Kentucky, appellee, Maggie Payne, brought this action to enjoin appellant, S. E. Muse, from cutting timber and from otherwise trespassing thereon. Appellant, by answer, denied the title of appellee, and also pleaded that the land in controversy was vacant and unappropriated land, and that he, by application to the Fleming County Court and paying the price allowed by said court, had obtained orders…