Shaw v. Robinson
Court of Appeals of Kentucky
Case 78 — Action to Recover Damages for Trespass to Land— APPEAL FROM GRAYSON CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal.
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Case 78 — Action to Recover Damages for Trespass to Land— APPEAL FROM GRAYSON CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal. The action of the lower court in discharging the jury and dismissing the plaintiff’s action, involves the construction of section 251 of the State Constitution which is as follows: “No action shall be maintained for possession of any lands lying within this State, where it is necessary for the claimant to rely for his recovery on any grant or patent issued ■by the Commonwealth of Virginia, or by the Comonwealth of Kentucky prior to the year 1820, against…
1Opinion of the Court
Opinion op the court by
JUDGE GUFFY
Reversing.
This action was instituted by the appellants in theGrayson circuit court against the appellees. It was substantially alleged in the petition that the plaintiffs were the owners and in possession of a tract of land, describing the same, and that defendant did on divers days during the year 1897 unlawfully and forcibly enter upon said land, and cut and destroy valuable oak and other timber trees. *718thereon, to the damages of plaintiffs in the sum of $200. The answer of defendants is a denial of the ownership and possession of plaintiffs of any part of…
2Cases cited2 opinions
- Fairbairn v. MeansCourt of Appeals of Kentucky · 1863
- Clay v. MillerCourt of Appeals of Kentucky · 1816
3Cited by7 opinions
- Eastern Ky. Coal Lands Corp. v. CommonwealthCourt of Appeals of Kentucky · 1907
- Flinn v. BlakemanCourt of Appeals of Kentucky (pre-1976) · 1934
- Warfield Natural Gas Co. v. WardCourt of Appeals of Kentucky (pre-1976) · 1940
- Golden v. BlakemanCourt of Appeals of Kentucky (pre-1976) · 1928
- Murray v. PattersonCourt of Appeals of Tennessee · 1934
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