Taylor v. Wilson

Response to Petition por Rehearing

by Judge Sampson.

(For original opinion see 182 Ky. 592.)

The. judgment of the circuit court dismissed the petition of the plaintiff Taylor, appellant here, for the reason that she was not in the actual possession of the land at the time of the commencement of the action, following the .rule of this court, often announced, that an 'action io quiet title does not lie against a defendant who is in the actual possession of land, claiming it as his own. As the evidence conclusively proved that appellee Wilson was in the actual possession of the land in controversy…