McCloskey v. Doherty
Court of Appeals of Kentucky
Case 49 — PETITION EQUITY APPEAL FR01I JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. As appellees claim under appellant as tenants they are estopped to deny his title. 2. If they are not claiming under appellant, and are not estopped from denying his title, they are clearly trespassers without right or color of title, and in such case it is necessary only- to prove fifteen years’ possession on the part of appellant and those through whom he claims.in order to secure…
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Case 49 — PETITION EQUITY APPEAL FR01I JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. As appellees claim under appellant as tenants they are estopped to deny his title. 2. If they are not claiming under appellant, and are not estopped from denying his title, they are clearly trespassers without right or color of title, and in such case it is necessary only- to prove fifteen years’ possession on the part of appellant and those through whom he claims.in order to secure the redress sought in this case. And whether such trespassers or not, adverse possession is enough. (15 Ky. Law Rep.,…
1Opinion of the CourtChief Justice Pryor
delivered ti-ie oeikion oe the court.
In tlie month of September, of the year 1888, the Rt. Rev. William George McCloskey, Roman Catholic Bishop of Louisville, granted and conveyed to John G. Mattingly & Sons, of Louisville, a right of way over certain lands, for the period of fifty years, for the construction and operation of a railroad for the private use of the firm, to run from their place of business to and from the railroad. The lessees transferred the lease of this right of way to B. I). Mattingly and Charles Doherty. John G. Mattingly, etc. failed, and the right of way was sold under a…
2Cases cited4 opinions
- Poirier v. FetterSupreme Court of Kansas · 1878
- Murphy v. LincolnSupreme Court of Vermont · 1891
- Musselman v. MarquisCourt of Appeals of Kentucky · 1866
- Peak v. HaydenCourt of Appeals of Kentucky · 1867
3Cited by5 opinions
- Fiscal Court Owen Co. v. F. & A. Cox Co.Court of Appeals of Kentucky · 1909
- Scroggins v. NaveCourt of Appeals of Kentucky · 1909
- Hounshell v. MillerCourt of Appeals of Kentucky · 1913
- Oglesby v. NationCourt of Appeals of Kentucky (pre-1976) · 1940
- Right Reverend Boeynaems v. PaahaoHawaii Supreme Court · 1904