West v. Chamberlain
Court of Appeals of Kentucky
Case 28 — Action in Ejectment APPEAL FROM WHITLEY CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. 1. The patent is void.
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Case 28 — Action in Ejectment APPEAL FROM WHITLEY CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. 1. The patent is void. It calls for 9,600 acres of land, but excludes all the lands patented prior to Aug. 30, 1864, and a number of entries aggregating 1,300 .acres, while the whole exterior boundary embraces 64,000 acres. 2. The evidence does not show the land in controversy to be outside the exclusions of the patent. 3. The demurrer should not have been sustained to the paragraph .pleading champerty.. 4. The right of the appellant under the claim of adverse possession is not…
1Opinion of the Court
Opinion oe the court by
JUDGE WHITE!
Reversing.
This is an action of ejectment by appellees, with a trial before the court without a jury. There is no bill of exceptions filed, and there is therefore nothing before us but thg pleadings and judgment. The petition alleges ownership in a certain described boundary of land of many thousand acres, less some excluded surveys, and that appellant has wrongfully entered into and is in possession of the land ■within the boundary, and not within the excluded surveys. The answer sets forth the amount, extent, and boundary of appellant’s claim, admitting it…
2Cases cited7 opinions
- Board of Councilmen v. BrawnerCourt of Appeals of Kentucky · 1896
- Hall v. MartinCourt of Appeals of Kentucky · 1889
- Hillman v. HurleyCourt of Appeals of Kentucky · 1885
- Breathitt Coal, Iron & Lumber Co. v. StrongCourt of Appeals of Kentucky · 1899
- Hamilton v. FugettCourt of Appeals of Kentucky · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bryant v. MeadorsCourt of Appeals of Kentucky · 1919
- Dils v. Kentland Coal & Coke Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Lockard v. Asher Lumber Co.Court of Appeals for the Sixth Circuit · 1904
- Lockhard v. Asher Lumber Co.District Court, E.D. Kentucky · 1903