Legal Opinion

East Jellico Coal Co. v. Hays

Court of Appeals of Kentucky

Decided March 23, 1909PublishedCited by 6 opinions

Appeal for Knox Circuit Court. H. C. Faulkner, Circuit Judge. Judgment for plaintiff, defendant, appeals AUTHORITIES CITED. Bush v. Bush, 51 American Decision, 675; Bennett v. Hitherington, 6 Bush, 192, Carter v. Richardson, &c., 22 Law Rep., 1204; Price v. McDonald, 54 American Decisions; Interstate Investment Co. v. Bailey, 29 Law Rep., 468; Sec. 600, 2 Vol. Pomeroy Eq.

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Appeal for Knox Circuit Court. H. C. Faulkner, Circuit Judge. Judgment for plaintiff, defendant, appeals AUTHORITIES CITED. Bush v. Bush, 51 American Decision, 675; Bennett v. Hitherington, 6 Bush, 192, Carter v. Richardson, &c., 22 Law Rep., 1204; Price v. McDonald, 54 American Decisions; Interstate Investment Co. v. Bailey, 29 Law Rep., 468; Sec. 600, 2 Vol. Pomeroy Eq. Jur.; Commonw.ealth v. Gibson, 85 Ky., 666; Hornsby v. Davidson, 21 L. R., 1531; Howton v. Gilpin, 24 L. R., 630; Sec. 601, 2 Pom. Eq. Jur.; Lane, &!c., v. Morton, &c., 23 L. R.,- 43S; 4 Kent. Com., pp. 170 and 179; Fisk v.…

1Opinion of the Court

Opinion of the Court by

Judge Hobson

Reversing.

J. Smith Hays brought this suit against the East Jellic-o Coal Company to quiet his title to a tract of 100 acres of land granted by the Commonwealth to Joel D. Partin on September 27, 1867, alleging that he was the owner and in possession of the land. The defendant answered traversing the allegations of the petition, and on final hearing the circuit court entered a judgment in favor of the plaintiff as prayed by him. The defendant appeals.

Both parties claim under Joel D. Partin. On March 17, 1879, Joel D. Partin and his wife conveyed the land to…

2Cases cited4 opinions

  1. Townsend v. BoydSupreme Court of Pennsylvania · 1907
  2. Smith v. CorneliusWest Virginia Supreme Court · 1895
  3. Cahill v. CahillSupreme Court of Connecticut · 1903
  4. Severns v. HillCourt of Appeals of Kentucky · 1813

3Cited by6 opinions

  1. Howard v. MitchellCourt of Appeals of Kentucky (pre-1976) · 1936
  2. Glock's Admr. v. WeikelCourt of Appeals of Kentucky · 1912
  3. Predestinarian Baptist Church v. United Baptist ChurchCourt of Appeals of Kentucky · 1910
  4. Marceiliac v. StevensCourt of Appeals of Kentucky · 1924
  5. Cecil's Committee v. CecilCourt of Appeals of Kentucky · 1912

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