Branson v. Yeary

Opinion op the Court by

Judge Stites

Reversing.

This is an appeal from a judgment of the Harlan circuit court dismissing the petition as amended of the plaintiffs, who are appellants here, because of their refusal to make the description of one acre of land sought to be recovered by them more definite and certain. Plaintiffs brought this suit to recover two tracts of land —one of 100 acres, more or less, and one of one acre. Pursuant to section 125 of the Civil Code of Practice, they undertook to describe the land so that it might be identified. The 100-acre tract was sufficiently described. The…