Reid v. King
Court of Appeals of Kentucky
Case 58 — PETITION ORDINARY APPEAL FROM CASEY CIRCUIT COURT. 1. If the timber was cut from plaintiff’s lands by trespassers, plaintiffs were not divested of title, and had the right to recover it in this form of action from any purchaser from the trespasser, however innocent of wrong that purchaser might be. (Strubbs v. Trustees C. S. Railway, 78 Ky., 481.) 2. The deed was good between the parties. No one but a creditor of Wm.
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Case 58 — PETITION ORDINARY APPEAL FROM CASEY CIRCUIT COURT. 1. If the timber was cut from plaintiff’s lands by trespassers, plaintiffs were not divested of title, and had the right to recover it in this form of action from any purchaser from the trespasser, however innocent of wrong that purchaser might be. (Strubbs v. Trustees C. S. Railway, 78 Ky., 481.) 2. The deed was good between the parties. No one but a creditor of Wm. Reid could, under any circumstances, attack it as void-. (Gilpin v. Davis, 2 Bibb, 417; McCreery v. Pursley, 1 Mar., 114.) 3. In case of an innocent mingling or…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
In this action is involved the recovery of the possession of forty thousand pieces of timber called headings., made out of timber standing upon the ground alleged to belong to the plaintiff. The timber was taken from the defendant under an order of delivery and delivered to the plaintiff. The right of property *390was asserted by the defendant under a purchase made from one William Reid and his son, and on the trial the verdict being for the defendant, he was allowed the value of. the headings, six hundred dollars, and a judgment rendered. This…
2Cited by5 opinions
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- Williams v. WeddingCourt of Appeals of Kentucky · 1915
- Bozeman Mortuary Association v. FairchildCourt of Appeals of Kentucky (pre-1976) · 1934
- Day v. AsherCourt of Appeals of Kentucky · 1911
- New Era Land Co. v. DanielsCourt of Appeals of Kentucky · 1911