Meehan v. Edwards
Court of Appeals of Kentucky
Case 105-PETITION OBDINABY APPEAL FROM LOGAN CIRCUIT COURT. 1. Under the law as it existed when the trespasses complained of in this case were committed actual possession was necessary to maintain trespass.
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Case 105-PETITION OBDINABY APPEAL FROM LOGAN CIRCUIT COURT. 1. Under the law as it existed when the trespasses complained of in this case were committed actual possession was necessary to maintain trespass. (Civil Code, sec. 62, sub-sec. 4; Neeley, &c., v. Butler, 10 B. M., 51-2; Dugan v. Perguson, 80 Ky., 342.) 2. By dismissing the action as to Ryan, who resided and was summoned in Logan county, appellees lost any right they might have had to continue the action further in the Logan Circuit Court. (Basye v. Brown, 78 Ky., 555; Barbour v. Newkirk, 83 Ky., 532.) 3. The sheriff’s deed, under…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
This action was instituted in the Logan Circuit Court by G-eoi’ge T. Edwards, as the executor of the will of Hester Edwards and as trustee for his children, against the appellants, for an unlawful entry upon a tract of land held by him as trustee under the will of Hester Edwards, and for an injury to the realty by cutting and removing from the land large quantities of timber, the value of which has been recovered by the verdict and judgment below.
I*he land lies in the county of Logan, and the action, *577as originally instituted, was also against…
2Cases cited2 opinions
- Walden v. ConnCourt of Appeals of Kentucky · 1886
- Daniel v. McHenryCourt of Appeals of Kentucky · 1868
3Cited by8 opinions
- Pan Coal Co. v. Garland Pocahontas Coal Co.West Virginia Supreme Court · 1924
- Louisville Cooperage Co. v. RuddCourt of Appeals of Kentucky (pre-1976) · 1938
- Blackberry, Ky. W. v. C. C. Co. v. K'ntl'd C. C.Court of Appeals of Kentucky (pre-1976) · 1928
- Blackberry, Kentucky & West Virginia Coal & Coke Co. v. Kentland Coal & Coke Co.Court of Appeals of Kentucky · 1928
- Scroggins v. NaveCourt of Appeals of Kentucky · 1909
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