Noland v. Wise

MILLIKEN, Judge.

This is the third appeal of cases involving the establishment of a boundary line between the same adjoining tracts of land in Estill County. In 1953 Wise sued Noland to quiet title to this property. Judgment of the trial court was for Wise and Noland appealed. This court reversed on the ground plaintiff had not supported the burden of showing he had title. Noland v. Wise, Ky., 259 S.W.2d 46. In 1955 Noland sued Wise for wrongful cutting of timber on the disputed land, and interposed the former judgment to establish his title. This court held that the former judgment could not…