Bird v. McHargue

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

This suit involves the title to a tract of land in Clay county, which is claimed by L. B. McHargue and by the defendant, the Kentucky River Timber & Coal Company. On a trial,before a jury only the issue of adverse possession by plaintiff was submitted, and the jury returned a verdict in favor of plaintiff. .Judgment was entered accordingly and the defendants appeal.

Plaintiff proved title under the Benjamin Wagers patent, granted November 26, 1883, while the Kentucky River Timber & Coal ■ Company proved title under the John H.…