City of Covington v. McNickle's Heirs
Court of Appeals of Kentucky
Case 37. Obd. Pet. APPEAL FROM BOONE CIRCUIT. Insisted on a reversal of the judgment of the circuit court on the following grounds: 1. Because the circuit court erred, in permitting the agreement between the trustees of Covington and Carneal and others, with the accompanying plat, to be used as evidence in the cause, and in refusing to exclude them on the plaintiff’s motion. 2. Because said court erred in permitting each and all of the deeds offered by the defendants to be…
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Case 37. Obd. Pet. APPEAL FROM BOONE CIRCUIT. Insisted on a reversal of the judgment of the circuit court on the following grounds: 1. Because the circuit court erred, in permitting the agreement between the trustees of Covington and Carneal and others, with the accompanying plat, to be used as evidence in the cause, and in refusing to exclude them on the plaintiff’s motion. 2. Because said court erred in permitting each and all of the deeds offered by the defendants to be read as evidence, and in refusing, on motion of the plaintiff, to exclude them from the jury. 3. Said court erred, in…
1Opinion of the Court
Judge Duvall
delivered the opinion of the court.
This was an action of ejectment brought in Sept. 1850, by the City of Covington against the heirs of John McNickle, to recover the possession of a portion of what was claimed by the appellants as a part of the public landing, or wharf, of the city, within the boundary included by the Ohio river on the north, Front street on the south, Scott street on the east, and Madison street on the west. The action was finally tried in the Boone circuit court, having been removed there by change of venue from Kenton county. A verdict and judgment having been…
2Cases cited2 opinions
- Alves' Executors v. Town of HendersonCourt of Appeals of Kentucky · 1855
- City of Louisville v. Bank United StatesCourt of Appeals of Kentucky · 1842
3Cited by1 opinion
- In re MoodyIndiana Court of Appeals · 1921