Legal Opinion

Daniel v. Middleton

Court of Appeals of Kentucky

Decided February 18, 1909PublishedCited by 2 opinions

Appeal from Harlan Circuit Court. M. J. Moss, Circuit Judge. Judgment for plaintiffs, defendants appeal POINTS AND AUTHORITIES. 1. Appellees have no record title or possessory title to any part of the John Fee 200-acre patent in controversy. (Armitage v. Wickliffe, 12 B. M. 494; Campbell v. Disney, 93 Ky. 41;' Layne, &c., v. Ferguson, &e., 24 Ky. Law Rep. 444; Bates, &e., v. Collins, &c., 29 Ky.

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Appeal from Harlan Circuit Court. M. J. Moss, Circuit Judge. Judgment for plaintiffs, defendants appeal POINTS AND AUTHORITIES. 1. Appellees have no record title or possessory title to any part of the John Fee 200-acre patent in controversy. (Armitage v. Wickliffe, 12 B. M. 494; Campbell v. Disney, 93 Ky. 41;' Layne, &c., v. Ferguson, &e., 24 Ky. Law Rep. 444; Bates, &e., v. Collins, &c., 29 Ky. Law Rep. 346; Trimble v. Smith, 4 Bibb 257; Jones v. McCauley’s Heirs, 2 Duv. 14; Walter v. Gower, 11 Ky. Law Rep. 750; Smith v. Mitdhell, 1 A. K. M. 207; Wilson v. Stevens, 4 Dana 634; Stith v.…

1Opinion of the Court

Opinion of the Court by

Judge Barker

Affirming.

The appellees, Nancy Middleton and Minerva Sergener (ne'e Middleton), instituted this action against Stephen Daniel for the purpose of quieting their title to a boundary of land situated in Harlan county, Ky., which is described by metes and bounds in the petition. The appellees (plaintiffs), in their petition, allege themselves to be the owners and in the actual possession of the land described, and *174charge that the appellant (defendant), Stephen Daniel, is claiming and giving ont in speeches that he owns it, and thereby casting a cloud upon the…

2Cases cited3 opinions

  1. Fox v. HintonCourt of Appeals of Kentucky · 1817
  2. Whitley County Land Co. v. LawsonCourt of Appeals of Kentucky · 1893
  3. Walker v. Yowell's Adm'rCourt of Appeals of Kentucky · 1893

3Cited by2 opinions

  1. Chantler v. WoodCourt of Appeals of Arizona · 1967
  2. Martin v. HallCourt of Appeals of Kentucky · 1913

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