Gray v. Soden
Court of Appeals of Kentucky
Case 34. — ACTION BY J. N. SODEN AND OTHERS AGAINST J. M. GRAY TO RECOVER LAND. Appeal from Lyon Circuit Court. Thos. P. Cook, Circuit Judge. Judgment for plaintiffs. Defendant appeals. We contend: 1. The court erred in adjudging the heirs of Jacob Stephens to be the owners of the land. Jacob Stephens may have possession of the land for over thirty years, but that did not bar the Commonwealth’s right of entry upon it as he could not hold adversely to the Commonwealth.
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Case 34. — ACTION BY J. N. SODEN AND OTHERS AGAINST J. M. GRAY TO RECOVER LAND. Appeal from Lyon Circuit Court. Thos. P. Cook, Circuit Judge. Judgment for plaintiffs. Defendant appeals. We contend: 1. The court erred in adjudging the heirs of Jacob Stephens to be the owners of the land. Jacob Stephens may have possession of the land for over thirty years, but that did not bar the Commonwealth’s right of entry upon it as he could not hold adversely to the Commonwealth. It may he conceded that Jacob Stephens had the -pre-emption right to the land, hut when he died the right died with him; the…
1Opinion of the Court
Opinion by
Judge Paynter
Affirming.
Jacob Stephens died some years ago, leaving a widow, Nancy Stephens, and some children and descendants of deceased children. The intestate left a tract of land containing 93 acres. After his death the widow continued to hold it for some time, and then sold it to the appellant. Gray claimed title to it by virtue of that sale, whereupon the appellees, heirs at law of the intestate, instituted this action to recover it. The evidence shows that Jacob Stephens purchased the land from one Hillman, and received a title bond therefor, under which he occupied and…
2Cases cited1 opinion
- Chiles v. CalkCourt of Appeals of Kentucky · 1817
3Cited by3 opinions
- Whitley County Land Co. v. Powers' HeirsCourt of Appeals of Kentucky · 1912
- Scott v. ScottCourt of Appeals of Kentucky · 1919
- Kentucky Coal & Timber Development Co. v. Kentucky Union Co.District Court, E.D. Kentucky · 1914