Legal Opinion

Mann v. Cavanaugh

Court of Appeals of Kentucky

Decided May 7, 1901PublishedCited by 9 opinions

Case 90 — Action to Recover Land — APPEAL PROM PENDLETON CIRCUIT COURT. Judgment for Defendant and Plaintiffs Appeal. There is no question in this case as to the paper title of the appellant to the strip of land in controversy under the facts proven. Hence we conclude that appellants’ claim of title to the Commonwealth is well established and proven and ought to prevail, unless appellants are barred by the statute* of limitations.

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Case 90 — Action to Recover Land — APPEAL PROM PENDLETON CIRCUIT COURT. Judgment for Defendant and Plaintiffs Appeal. There is no question in this case as to the paper title of the appellant to the strip of land in controversy under the facts proven. Hence we conclude that appellants’ claim of title to the Commonwealth is well established and proven and ought to prevail, unless appellants are barred by the statute* of limitations. We claim that the court erred in not allowing the appellants to prove by witness, F. P. Mann, that the father of appellants, from whom appellants derive title had…

1Opinion of the Court

Opinion of the court by

JUDGE O’REAR

Reversing.

■This was an action in ejectment, the appellants, heirs at la.w of Richard Mann, Jr., deceased, having sued to recover of the appellee the possession of a strip of land in Pendleton county. Appellants claim title under a. patent from the Commonwealth of Virginia to John Crittenden, bearing date the 15th day of April, 1786. Appellants are *779admitted to be the sole heirs of Richard Mann, Jr., deceased, who is shown to have taken the land as a devisee under the will of Richard Mann, Sr., deceased, which was probated about 1846. Richard Mann, 'Sr.,…

2Cases cited2 opinions

  1. Fulkerson v. HolmesSupreme Court of the United States · 1886
  2. Lessee of Sarah I. Jewell and Others, in Error v. Benjamin Jewell and OthersSupreme Court of the United States · 1843

3Cited by9 opinions

  1. LeMoyne v. HaysCourt of Appeals of Kentucky · 1911
  2. Kentucky Union Company v. HevnerCourt of Appeals of Kentucky (pre-1976) · 1924
  3. Combs v. TurnerCourt of Appeals of Kentucky · 1922
  4. Stearns Coal & Lumber Co. v. BoyattCourt of Appeals of Kentucky · 1916
  5. Hopson v. CunninghamCourt of Appeals of Kentucky · 1914

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