Luen v. Wilson
Court of Appeals of Kentucky
Case 62 — PETITION OED1NABY APPEAL PROM KENTON CIRCUIT COURT. 1. The court, by excluding the deed offered by the defendant, decided that, the defendant was in the adverse possession of the land when the deed was executed, which was a question of fact for the jury and should, have been left to them. 2. The person in the adverse possession of land conveyed by another can alone avail himself of the provisions of the champerty statute.
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Case 62 — PETITION OED1NABY APPEAL PROM KENTON CIRCUIT COURT. 1. The court, by excluding the deed offered by the defendant, decided that, the defendant was in the adverse possession of the land when the deed was executed, which was a question of fact for the jury and should, have been left to them. 2. The person in the adverse possession of land conveyed by another can alone avail himself of the provisions of the champerty statute. The grantor cannot, without having rescinded the contract, be heard to-say that his deed is void. (Gen. Stats., chap. 11, sec. 4; Caldwell’s. Adm’r v. Shepherd’s…
1Opinion of the Court
JUDGE HOLT
deliverd the opinion oe the court.
This action of ejectment was instituted by the appellee, Rothwell Wilson, against the appellant, John Luen,, on May 7, 1884, to recover a lot in the city of Covington. The evidence shows that one Hunter conveyed it to Joseph H. and E. Taylor in 1853, and that the Tay*505lors deeded it to the appellee, Wilson, on February 10, 1860. The appellant, Luen, held a claim against it for a street improvement, and in 1875 brought an action to enforce his lien, the Taylors alone being defendants to it, and proceeded against as non-residents. A judgment ■ was…
2Cases cited1 opinion
- Harman v. BrewsterCourt of Appeals of Kentucky · 1870
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- Fort Jefferson Improvement Co. v. DupoysterCourt of Appeals of Kentucky · 1899
- Meade v. RatliffCourt of Appeals of Kentucky · 1909
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