Stephens v. Perkins

Opinion op the Court by

Commissioner Hobson

Affirming on cross-appeal and reversing on original appeal.

Henry T. Stephens brought this action in equity against Jesse Perkins to quiet his title to a tract of mountain land in McCreary county, alleging that he was the owner of the land and in possession of it, and that the defendant was setting up a fictitious claim to the land. The defendant answered denying the allegations of the petition, pleading that he owned the land and praying by counterclaim that his title be quieted. Proof was taken and on final hearing the circuit court dismissed both…