Adkins v. Whalin
Court of Appeals of Kentucky
Case 28 — PETITIO ORDINARY APPEAL IFOM BUTLER CIRCUIT COURT. 1. There is no proof of possession adverse to appellant, V. A. Borah, sufficient to support the plea of champerty.
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Case 28 — PETITIO ORDINARY APPEAL IFOM BUTLER CIRCUIT COURT. 1. There is no proof of possession adverse to appellant, V. A. Borah, sufficient to support the plea of champerty. (Barrett v. Coburn, 3 Met., 513; Freeman on Co-tenancy and Partition, sections 229, 230, 233.) 2. As the plaintiff, V. A. Borah, owned an interest of one-seventh, and conveyed only one-eighth, he was, at least, entitled to recover so much of his interest as he had not conveyed, and the court erred in requiring an election. 1. Appellee was in the actual adverse possession of the land in controversy at the time of the…
1Opinion of the Court
JUDGE BENHETT
delivered the opinion op the court.
The appellant, Y. A. Borah, as one of the children, •and as administrator of George M. Borah, deceased, filed his petition in the Bntler Circuit Court for the purpose of settling the estate of said deceased, and having his land sold to pay his indebtedness. One hundred and fifty acres of a tract of three hundred acres of land belonging to said deceased was sold for said purpose. The widow and children, except the appellant Borah, of the deceased, remained in the possession of the remaining portion of said tract. The appellant Borah, having…
2Cases cited1 opinion
- Russell v. DoyleCourt of Appeals of Kentucky · 1886
3Cited by1 opinion
- Miller v. EdwardsCourt of Appeals of Kentucky · 1920