Kentucky Coal Lands Co. v. J. D. Hughes Lumber Co.

Opinion of the Court by

Judge Clarke

Reversing.

Upon a former appeal of this case, reported in 187 Ky. 354, 218 S. W. 1024, we held that the first trial decided correctly the title to three out of five separate tracts of land involved in the litigation, and reversed the judgment as to tracts 3 and 4, with instructions to direct a verdict as to them for the plaintiff, Kentucky Coal Lands Company, if, upon another trial, the evidence on the question of defendant’s claimed adverse possession thereof should be the same.

The evidence as to tract 4 was precisely the same on both trials; but as to tract…