Peak v. Hayden
Court of Appeals of Kentucky
CASE 38 — PETITION EQUITY — APPEAL FROM MEADE CIRCUIT COURT. CITED— Civil Code, sec. 153, and notes. 2 Met., 227; City of Covington vs. Powell. CITED— Revised Statutes, chapter 12, section 2. Revised Statutes, chapter 63, section 2, 2 Stanton.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion of rns court:
The failure by both parties, equally negligent, to have a complete survey made, defining the boundaries of their conflicting claims, and the failure of the appellants, still more negligent, to show, by the record of the action of Payne vs. Peak, what was adjudged in that case, increase the perplexity which embarrasses this court in reaching a judicial conclusion as to the rights of the parties in this case which we are now revising.
*126In preparing cases in the inferior courts, counsel and parties too often seem to forget that the record, as they…
2Cited by2 opinions
- Carmichael v. Old Straight Creek Coal Corp.Court of Appeals of Kentucky (pre-1976) · 1929
- McCloskey v. DohertyCourt of Appeals of Kentucky · 1895