Kentucky River Coal Corporation v. Maynard

Opinion op the Court by

Creal, Commissioner—

Reversing.

Appellant owns a tract of land on the east side of First creek in Perry county. It claims that First creek forms the western boundary of its land. Appellees, J. M. Maynard and wife, own a tract of land on the west side of the creek but claim that their boundary extends beyond and includes a fraction of an acre on the east side of the creek. A short time before the institution of this action appellees dug a ditch about 10 feet wide -and 3 or 4 feet in depth along what they claim to be their line on the east side of the creek and constructed…