Keaton v. Sublett
Court of Appeals of Kentucky
Case 15 — Action foe Trespass APPEAL FROM MAGOFFIN CIRCUIT COURT. Judgment for Plaintiff, and Defendant Appeals. 1. If the land in contest is embraced in the Reynolds’ (Va.) patent which was filed in evidence, then the Kentucky patents of 1896, gotten out by Craft and appellee, are void, and appellee has never been in possession. 2. Even if' not within the Reynolds’ patent, yet if appellants had only a possessory title at the bringing of this action on Jan. 20, DL89i6, then…
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Case 15 — Action foe Trespass APPEAL FROM MAGOFFIN CIRCUIT COURT. Judgment for Plaintiff, and Defendant Appeals. 1. If the land in contest is embraced in the Reynolds’ (Va.) patent which was filed in evidence, then the Kentucky patents of 1896, gotten out by Craft and appellee, are void, and appellee has never been in possession. 2. Even if' not within the Reynolds’ patent, yet if appellants had only a possessory title at the bringing of this action on Jan. 20, DL89i6, then the appellee must fail. 3. General reputation is competent to show an old line- boundary or corner, especially when it…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Reversing.
This is an action for trespass. After the answer had been hied, the plaintiff moved to transfer it to equity, to which the defendants consented. It was prepared and tried as an action in equity. No oral testimony was offered upon the trial, no issue out of chancery was ever ashed or granted, and no motion for a new trial was made or grounds filed therefor. Neither is there a bill of exceptions. It is insisted by appellee that, as no motion for a new trial was made, the only question before the court is as to whether the petition states a cause of…
2Cases cited3 opinions
- Helm v. CoffeyCourt of Appeals of Kentucky · 1882
- Henderson v. DupreeCourt of Appeals of Kentucky · 1885
- Beeler v. CoyCourt of Appeals of Kentucky · 1848
3Cited by10 opinions
- Whitley County Land Co. v. Powers' HeirsCourt of Appeals of Kentucky · 1912
- Anderson v. RichardsOregon Supreme Court · 1921
- Patterson v. MiracleCourt of Appeals of Kentucky (pre-1976) · 1934
- Whittaker v. Farmers' Nat. Bank SomersetCourt of Appeals of Kentucky (pre-1976) · 1931
- Jones v. O'ConnellCourt of Appeals of Kentucky (pre-1976) · 1931
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