Bowling v. Breathitt Coal, Iron & Lumber Co.
Court of Appeals of Kentucky
CASE 35. — ACTION BY THE BREATHITT COAL, IRON & LUMBER CO. AGAINST JOHN R. BOWLING TO RESTRAIN HIM FROM TRESPASSING ON THEIR LAND. — Appeal from Knott Circuit Court.
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CASE 35. — ACTION BY THE BREATHITT COAL, IRON & LUMBER CO. AGAINST JOHN R. BOWLING TO RESTRAIN HIM FROM TRESPASSING ON THEIR LAND. — Appeal from Knott Circuit Court. Judgment for plaintiff, defendant appeals. — Grounds relied on by appellant: 1. Appellee, alleging it is the owner of the tract, it claims and in the actual possession of it, must show both title and possession beiore it can recover. 2. It 'is not sufficient to show the land in 'dispute is inside the boundary claimed by plaintiff. It must show further that it is the owner of the 25,800 acres excluded, or that defendant is not or…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
— Affirming.
In the year 1872, a patent was issued to Steven G. Reed for a large body of land on the Laurel fork of Quicksand creek and its waters, there being excluded from the patent 25,800 acres of land previously granted. The Breathitt Coal, Iron & Lumber Company is, by subsequent conveyances, the owner of the land embraced in this patent. In April, 1887, Andrew Hix obtained a patent from the Commonwealth for 100 acres of land, and, soon after the patent was issued, he conveyed the land to John R. Bowling. This action was brought by the Breathitt Coal,…
2Cases cited7 opinions
- Trimble v. SmithCourt of Appeals of Kentucky · 1815
- Steele v. BryantCourt of Appeals of Kentucky · 1909
- Northup's Trustees v. Sumner's TrusteesCourt of Appeals of Kentucky · 1909
- Overton v. PerryCourt of Appeals of Kentucky · 1908
- Wilson v. StiversCourt of Appeals of Kentucky · 1836
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3Cited by25 opinions
- Whitley County Land Co. v. Powers' HeirsCourt of Appeals of Kentucky · 1912
- Tennis Coal Co. v. SackettCourt of Appeals of Kentucky · 1916
- Frazier v. IsonCourt of Appeals of Kentucky · 1914
- Gilbert v. ParrottCourt of Appeals of Kentucky · 1916
- Stephens v. TerryCourt of Appeals of Kentucky · 1917
20 more not listed; retrieve them via the Exa API.