Legal Opinion

Wilson v. Stivers

Court of Appeals of Kentucky

Decided November 8, 1836PublishedCited by 13 opinions

T R. AVERSE'» From the Circuit Court for Jefferson County. Where grants ‘of land interfere with each other, a possession taken under the Junior grant-,outside of the interference, will not include any of the land with-in the lines of the elder grant.

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T R. AVERSE'» From the Circuit Court for Jefferson County. Where grants ‘of land interfere with each other, a possession taken under the Junior grant-,outside of the interference, will not include any of the land with-in the lines of the elder grant. Nor will the occasional nso of the land covered by the elder grant, as hy cutting timber on it, &c. even for Ü0 years, and With ah assertion of claim to it, he doomed such an actual possession as will toll the right of entry under the"el»: dergrant, or support a writ of forcible entry. But— The entry of a, party under the elder grant, with an…

1Opinion of the Court

Judge Marshall

delivered the Opinion of the Court.

This was a writ of forcible entry and detainer, brought by Stivers against Wilson. The question in issue, was whether Wilson had entered upon the possession in fact of Stivers, and to maintain the issue on the part of the latter, it was, of course-, necessary for him to show that he had the possession in fact of the land in contest when Wilson entered. It was proved that Stivers and those under whom he claims had for many years resided upon the tract within which the land in contest is included, claiming to be possessed of it, and using it as…

2Cited by13 opinions

  1. Whitley County Land Co. v. Powers' HeirsCourt of Appeals of Kentucky · 1912
  2. Tennis Coal Co. v. SackettCourt of Appeals of Kentucky · 1916
  3. Bowling v. Breathitt Coal, Iron & Lumber Co.Court of Appeals of Kentucky · 1909
  4. Frazier v. IsonCourt of Appeals of Kentucky · 1914
  5. Gilbert v. ParrottCourt of Appeals of Kentucky · 1916

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