Baustic v. Phillips
Court of Appeals of Kentucky
CASE 90. — ACTION BY WILLIAM BAUSTIC AND ANOTHER, AGAINST HAYS PHELPS AND ANOTHER. — Appeal from Pike Circuit Court. Judgment for defendants, plaintiffs appeal. — We maintain that reserved standing timber is personal property, that the five years’ statute of limitations applies, and that we ought to have been permitted to prove adverse possession of same for that period. This we were not permitted to do.
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CASE 90. — ACTION BY WILLIAM BAUSTIC AND ANOTHER, AGAINST HAYS PHELPS AND ANOTHER. — Appeal from Pike Circuit Court. Judgment for defendants, plaintiffs appeal. — We maintain that reserved standing timber is personal property, that the five years’ statute of limitations applies, and that we ought to have been permitted to prove adverse possession of same for that period. This we were not permitted to do. AUTHORITIES CITED, Cates v. Vergin, 115 S. W. 794 Morris v. Sanders, 19 Ky. Law Rep. 1433; Bell County Land and Coal Co. v. Moss, 30 Ky. Law Rep. 6; Chestnut v. Green, 120 Ky. 385; Jackson v.…
1Opinion of the Court
Opinion of the court by
Wm. Rogers Clay, Commissioner
— Affirming.
Appellants, William Baustic and Louisa Baustic, instituted this action against appellees, Hays Phillips and Grant Phillips, to recover certain saw logs in the possession of appellees and $100 for their detention. Appellees answered, denying appellants’ title, and pleading title in themselves to the logs in question. The case was submitted to a jury, which returned a verdict in favor of appellees. Prom the judgment based thereon, this appeal is prosecuted.
It appears from the record that on May 8, 1896, John Phillips and Dora…
2Cases cited2 opinions
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Chestnut v. GreenCourt of Appeals of Kentucky · 1905
3Cited by9 opinions
- Anderson & Kerr Drilling Co. v. BruhlmeyerTexas Supreme Court · 1940
- Cox v. Colossal Cavern CompanyCourt of Appeals of Kentucky (pre-1976) · 1925
- Wood v. MossCourt of Appeals of Kentucky · 1917
- Reeves v. Godspeed Props., LLCAlaska Supreme Court · 2018
- Collier v. DundonCourt of Appeals of Kentucky · 1915
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