Scott v. Means
Court of Appeals of Kentucky
Case 87 — EQUITY APPEAL PROM BOYD CIRCUIT COURT. There is no averment in appellees’ petition" that there is any, controversy. between appellees and appellants in regard to the boundary line between them. The averments made are neither sufficient at law nor equity to afford relief.
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Case 87 — EQUITY APPEAL PROM BOYD CIRCUIT COURT. There is no averment in appellees’ petition" that there is any, controversy. between appellees and appellants in regard to the boundary line between them. The averments made are neither sufficient at law nor equity to afford relief. A court of law cannot fix a boundary between litigants unless possession be claimed, and equity will not do it in the absence of the necessary allegations. 1. Even though this action was only triable at law, the finding of the court on the facts has the force of a verdict of a jury. (12 Bush, 469.) '2. When the…
1Opinion of the CourtChief Justice Hargis
delivered tiie opinion of the court.
This was an action in equity for the purpose of ascertaining the boundary and quieting the title to certain lands ■which the appellees, who were plaintiffs in the court below, ■allege belong to them.
The petition described the chain of paper title under which the plaintiffs assert their title to exist, alleges that *461they are in legal possession of the lands to the extent of the patent boundaries, and that the defendants are constantly encroaching upon the boundary and possession of the plaintiffs, and devastating the timber, and are insolvent.
They pray for an…
2Cited by3 opinions
- Kincaid v. McGowanCourt of Appeals of Kentucky · 1887
- Boone v. RobinsonCourt of Appeals of Kentucky · 1913
- Kincaid v. MagowanCourt of Appeals of Kentucky · 1884