Warden v. Addington
Court of Appeals of Kentucky
CASE 33. — ACTION BY A. J. ADDINGTON AGAINST C. T. WARDEN FOR TRESPASS TO LAND. Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for plaintiff. Defendant appeals. The appellant contends: 1. That the verdict of the jury and judgment rendered thereon is not sustained by the evidence. 2. That the instructions given by the court are not the- law, and were prejudicial to appellant’s substantial rights. AUTHORITIES.
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CASE 33. — ACTION BY A. J. ADDINGTON AGAINST C. T. WARDEN FOR TRESPASS TO LAND. Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for plaintiff. Defendant appeals. The appellant contends: 1. That the verdict of the jury and judgment rendered thereon is not sustained by the evidence. 2. That the instructions given by the court are not the- law, and were prejudicial to appellant’s substantial rights. AUTHORITIES. Stillwell v. Duncan, 44 S. W. 357; Patterson v. T. J. Moss Tie Company, &c., 71 S. W. 930. POINTS DISCUSSED AND AUTHORITIES CITED. 1. The amount involved being…
1Opinion of the Court
Opinion op the Court by
Judge O’Rear
Reversing- j
A. J. Addington brought' this _ suit against C, T. Warden, charging, that he was the owner and in adverse possession of a certain tract of land in Ohio county, and that Warden had forcibly entered upon the land and cut and removed certain trees of the value of $55. He prayed judgment for $55 and his costs. The defendant filed an answer, in which he denied that he had cut any trees on the plaintiff’s land, and alleged that about 33 years ago there was a controversy between S. K. Bishop, who then owned the tract of land now owned by him, and S. A.…
2Cases cited2 opinions
- Amburgy v. Burt & Brabb Lumber Co.Court of Appeals of Kentucky · 1905
- Jamison v. PetitCourt of Appeals of Kentucky · 1869
3Cited by20 opinions
- Garvin v. ThrelkeldCourt of Appeals of Kentucky · 1917
- Turner v. BowensCourt of Appeals of Kentucky · 1918
- Kentucky Harlan Coal Co. v. Harlan Gas Coal Co.Court of Appeals of Kentucky (pre-1976) · 1932
- Gooding v. Watson's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1930
- Whittaker v. Farmers' Nat. Bank SomersetCourt of Appeals of Kentucky (pre-1976) · 1931
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