Owsley v. Owsley
Court of Appeals of Kentucky
Case 6 — Action by W. F. Owsley. iSb., against W. F. Owsley, Jb., to Recover Land. APPEAL PROM CUMBERLAND CIRCUIT COURT. From an Order Setting Aside a Judgment por Plaintiff, he Appeals. POINTS AND AUTHORITIES. The original action. 1. Appellant’s own- evidence showed that he had not been continuously for fifteen years in the actual, adverse, and exclusive possession of the land in controversy.
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Case 6 — Action by W. F. Owsley. iSb., against W. F. Owsley, Jb., to Recover Land. APPEAL PROM CUMBERLAND CIRCUIT COURT. From an Order Setting Aside a Judgment por Plaintiff, he Appeals. POINTS AND AUTHORITIES. The original action. 1. Appellant’s own- evidence showed that he had not been continuously for fifteen years in the actual, adverse, and exclusive possession of the land in controversy. Tiedeman on Real Property, secs. 698, 703, 714; Medloek v. Suter, 80 Ky., 101; Thompson v. Thompson, 93 Ky., 435; Commonwealth v. Gibson, 85 Ky., 663; Larwell v. Stevens, 2 McCreary II. S., Ill; Am. &…
1Opinion of the Court
Opinion op the court by
JUDGE O’REAR
Affirming judgment AWARDING A NEW TRIAL.
W. F. Owsley, Sr., a retired banker and merchant, and a man of wealth, owned and lived upon a farm of 235 acres on Cumberland River, near Burksville, Ky. The farm was well improved and was then worth about $10,000. His family in 1874 consisted of his wife, single daughter, son (appellee) , and mother-in-law. His wife was frail and died about 1881. His mother-in-law was an invalid. The single daughter married Dr. Grant, and moved to Louisville in 1886. Appellant had only three children.. Another daughter had married a…
2Cases cited4 opinions
- Thomson v. ThomsonCourt of Appeals of Kentucky · 1892
- Commonwealth v. GibsonCourt of Appeals of Kentucky · 1887
- Ward v. EdgeCourt of Appeals of Kentucky · 1897
- Creech v. AbnerCourt of Appeals of Kentucky · 1899
3Cited by29 opinions
- Torain v. TerrellCourt of Appeals of Kentucky · 1906
- Tippenhauer v. TippenhauerCourt of Appeals of Kentucky · 1914
- Nelson v. JohnsonCourt of Appeals of Kentucky · 1920
- New Domain Oil Gas Co. v. Gaffney Oil Co.Court of Appeals of Kentucky · 1909
- Rice v. BlairCourt of Appeals of Kentucky · 1914
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