Scroggins v. Nave
Court of Appeals of Kentucky
Appeal from Rockcastle Circuit Court. W. L. Jarvis, Circuit Jndige. Judgment for defendants, plaintiffs appeal. AUTHORITIES CITED.
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Appeal from Rockcastle Circuit Court. W. L. Jarvis, Circuit Jndige. Judgment for defendants, plaintiffs appeal. AUTHORITIES CITED. An. action of trespass can be maintained by tbe owner of land, though, not in the actual possession, against a trespasser. 28 A. & E. E. of L. (2d; Ed.), pages 577-8; Bebee v. Hutchinson, 17 B. Monroe, page 497; Angeline Hackney v. L. & N. R. R. Co., 1 R., page 357;- Crate, &c. v. Strong, 24 R., page 710.; 97 Kentucky, page 301; 25 Kentucky Law Reporter, page 2176; 15 Kentucky Law Reporter, page 648; 86 Federal Reporter, page 291. We submit that the plaintiffs…
1Opinion of the Court
Opinion of the court by
Chief Justice Settle.
Affirming.
This-action was brought by appellants to recover of appellees for a series of trespasses committed, as alleged, by the wrongful cutting by the latter of timher of the value of $744.28, on a tract of land containing 534 acres, of which appellants claim to be the owners. The appellees filed separate answers, each' traversing the affirmative matter of the petition. On the trial appellees, after the introduction of appellants evidence, requested the court to peremptorily instruct the jury to find for them. The court granted the request, and so…
2Cases cited2 opinions
- Meehan v. EdwardsCourt of Appeals of Kentucky · 1892
- McCloskey v. DohertyCourt of Appeals of Kentucky · 1895
3Cited by8 opinions
- Kentucky Coal Lands Co. v. Mineral Development Co.U.S. Circuit Court for the District of Kentucky · 1911
- Payne v. EdwardsCourt of Appeals of Kentucky · 1920
- Marinaro v. DeskinsCourt of Appeals of Kentucky · 1961
- French v. ChildersCourt of Appeals of Kentucky (pre-1976) · 1939
- Alfred W. Minish and Margaret F. Minish v. J. Lassing HueyCourt of Appeals for the Sixth Circuit · 1973
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