Mosley v. Eversole

*686Opinion op the Court by

Judge Nunn —

Reversing.

The question presented by this appeal is which one, the appellant or the appellee, owns the small tract of land in controversy. It is unenclosed, timbered land, situated on the west bank of the Middle Fork of Kentucky River, and is in what is now Leslie county. Both parties attempt to> trace their title back to the parties who owned the land when it was included in Clay county, and the opposite, or east bank of Middle Fork, was in Perry county.

The record shows that in 1847, and for some time previous thereto, C. H. Godsey was holding, claiming to…