Chenault v. Eastern Kentucky Timber & Lumber Co.
Court of Appeals of Kentucky
Case- 22 — Action by Eastern Kentucky Timber and Lumber Co. Against E. C. Chenault and Others to Quiet Title to Land — APPEAL FROM POWELL CIRCUIT COURT-J. M. BENTON, CIRCUIT JUDGE.
Read the full summary
Case- 22 — Action by Eastern Kentucky Timber and Lumber Co. Against E. C. Chenault and Others to Quiet Title to Land — APPEAL FROM POWELL CIRCUIT COURT-J. M. BENTON, CIRCUIT JUDGE. Judgment for Pi. untiff and Defendants Appeal. • 1. The contention for appellee that, if the action he quia timet, the right to try a legal issue of fact by a jury does not exist, (as in other equitable actions, can not, we think, he sustained by reason or authority even if the case were purely one of that kind. For it is not the kind or form of action that determines ■ the right of jury trial, hut the nature of…
1Opinion of the Court
Opinion' or the court by
JUDGE HOBSON
Affirming.
Appellee brought this .action by petition in equity under section'll, Ky. St., 1903, alleging that.it had both the legal title and possession of the land in controversy, and that ap*172pellants were setting up claim thereto. The defendants answered, denying plaintiff’s title or possession, and alleging that the defendants owned the land. They also pleaded adverse possession for many years, and champerty. - The suit was filed on February 19, 1900, and an injunction was then granted restraining the defendants from trespassing on the land. At the next…
2Cited by14 opinions
- Kentucky Union Company v. HevnerCourt of Appeals of Kentucky (pre-1976) · 1924
- Schenk v. SchenckCourt of Appeals of Kentucky (pre-1976) · 1931
- Davis v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
- Franks v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Sikes v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1947
9 more not listed; retrieve them via the Exa API.