Gibson v. Board
Court of Appeals of Kentucky
Case 83 — PETITION ORDINARY APPEAL FROM BREATHITT CIRCUIT COURT. 1. While appellant’s patents did not issue for more than ten years after the entries and surveys were made upon which, they were issued, the court will take judicial knowledge of the fact that ■the civil war intervened between those dates and that after that time for several years there existed in Breathitt county lawlessness to such an extent as to prevent the holding of courts therein and the transaction of…
Read the full summary
Case 83 — PETITION ORDINARY APPEAL FROM BREATHITT CIRCUIT COURT. 1. While appellant’s patents did not issue for more than ten years after the entries and surveys were made upon which, they were issued, the court will take judicial knowledge of the fact that ■the civil war intervened between those dates and that after that time for several years there existed in Breathitt county lawlessness to such an extent as to prevent the holding of courts therein and the transaction of public business. Under these eircum-stances appellant should not be held to a strict compliance with the statute. Am. &…
1Opinion of the Court
JUDGE PAYNTER
delivered hie opinion of the court.
Tbe petition for rehearing is granted and the opinion delivered November 30, 1897, is withdrawn.
The appellants, Gibson & Cunningham, brought this action against Board "to recover damages for cutting and removing timber off of certain tracts of lands' particularly described in the petition. Board denied that he had wrongfully cut and removed the timber, and in the amended petition averred that he was the owner of two of the tracts of land hereafter referred to. The court adjudged that he was the owner of them. Neither of the parties have shown a…
2Cases cited5 opinions
- Goosling v. SmithCourt of Appeals of Kentucky · 1890
- Kirk v. WilliamsonCourt of Appeals of Kentucky · 1884
- McMillan's heirs v. HutchesonCourt of Appeals of Kentucky · 1868
- Davidson v. CombsCourt of Appeals of Kentucky · 1884
- Payne v. RileyCourt of Appeals of Kentucky · 1836
3Cited by14 opinions
- American Ass'n v. InnisCourt of Appeals of Kentucky · 1901
- Town of Latonia v. HopkinsCourt of Appeals of Kentucky · 1898
- Stephens v. TerryCourt of Appeals of Kentucky · 1917
- Leach v. First Nat. Bk. of Ft. DodgeSupreme Court of Iowa · 1928
- Bryant v. Kentucky Lumber Co.Court of Appeals of Kentucky · 1911
9 more not listed; retrieve them via the Exa API.