Thomson v. Thomson
Court of Appeals of Kentucky
Case 78 — PETITION ORDINARY APPEAL PROM PAYETTE CIRCUIT COURT. 1. As to the doctrine of adverse possession under a verbal gift of land. (Commonwealth v. Gibson, 85 Ky., 666; Strother v. Cyrus, 5 Ky. Law Rep., 58; Wells v. Head, 12 B. Mon., 170; Henderson v. Dupree, 82 Ky., 682; Strutton v. Strutton, 10 Ky. Law Rep., 608; Glass v. Gaines, 13 Ky.
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Case 78 — PETITION ORDINARY APPEAL PROM PAYETTE CIRCUIT COURT. 1. As to the doctrine of adverse possession under a verbal gift of land. (Commonwealth v. Gibson, 85 Ky., 666; Strother v. Cyrus, 5 Ky. Law Rep., 58; Wells v. Head, 12 B. Mon., 170; Henderson v. Dupree, 82 Ky., 682; Strutton v. Strutton, 10 Ky. Law Rep., 608; Glass v. Gaines, 13 Ky. Law Rep., 278.) 2. Where the evidence of the party upon whom rests the burden of proof is equally consistent with the existence and the non-existence of the state of fact necessary to make out his case, there is a failure of proof, and a peremptory…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
This is an action brought May 1, 1888, by appellant P. EL Thomson against Margaret Thomson, widow, and Rodes, Charles and C. C. Thomson, children and heirs, of Rodes Thomson, son of plaintiff', for recovery of a tract of about 100 acres of land.
While the allegation of the petition that plaintiff is *437owner and entitled to possession of the land is denied in first paragraph of the answer, in the second defendants state that for consideration of love and affection an absolute gift of it was made by plaintiff’ to his son Rodes, under which he took and,…
2Cited by28 opinions
- Owsley v. OwsleyCourt of Appeals of Kentucky · 1903
- McClenahan v. StevensonSupreme Court of Iowa · 1902
- Tippenhauer v. TippenhauerCourt of Appeals of Kentucky · 1914
- Nelson v. JohnsonCourt of Appeals of Kentucky · 1920
- New Domain Oil Gas Co. v. Gaffney Oil Co.Court of Appeals of Kentucky · 1909
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