Hook v. Joyce
Court of Appeals of Kentucky
Case 78 — PETITION ORDINARY — Brief withdrawn. 1. The tombstones caused to be set up on the lot in controversy by Mrs. Joyce, the inscriptions on them, the acts performed, and the declarations accompanying her possession, made by her, are original evidence. (1 Greenleaf on Evidence, sections 105-109.) 2. Erom use of the lot for twenty years unexplained, it will he presumed to be under claim of right, and adverse.
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Case 78 — PETITION ORDINARY — Brief withdrawn. 1. The tombstones caused to be set up on the lot in controversy by Mrs. Joyce, the inscriptions on them, the acts performed, and the declarations accompanying her possession, made by her, are original evidence. (1 Greenleaf on Evidence, sections 105-109.) 2. Erom use of the lot for twenty years unexplained, it will he presumed to be under claim of right, and adverse. (Miller v. Garlock, 8 Barb., 153; Richard v. Williams, 7 Wheat., 59; Colvin v. Burnett, 17 Wend., 564; School District v. Lynch, 33 Conn., 334; Cheever v. Parsons, 16 Pick., 272;…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPHSTIQH OF THE COURT.
This is in the nature of an action of ejectment brought by appellee to recover of appellant a cemetery lot, and upon the trial the court gave the following instructions:
1. “The court instructs the jury that the parcel of land in contest is a cemetery lot for burial purposes, within the cemetery ground of the city of Paducah, which was purchased by it and laid out into cemetery lots in 1847, and the lot in contest was conveyed by the city to the defendant W. H. Hook, in 1881, by the deed from it to him exhibited in evidence, and under this deed…
2Cited by32 opinions
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Hines v. StateTennessee Supreme Court · 1911
- Brunton v. RobertsCourt of Appeals of Kentucky (pre-1976) · 1936
- Fergerson v. Utilities Elkhorn Coal CompanyCourt of Appeals of Kentucky (pre-1976) · 1958
- Heiligman v. ChambersSupreme Court of Oklahoma · 1959
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