Farmer v. Lyons
Court of Appeals of Kentucky
Case 64 — PETITION ORDINARY APPEAL PROM LARUE CIRCUIT COURT. 1. The court erred in giving a peremptory instruction to find for defendant. 2. The plaintiff would have been entitled to recover even if he had shown no title, as the action of trespass may be maintained by one having possession merely. 3. The court erred in refusing to permit plaintiff to answer questions, the answers to which would have explained the character and duration of his ownership and possession.
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Case 64 — PETITION ORDINARY APPEAL PROM LARUE CIRCUIT COURT. 1. The court erred in giving a peremptory instruction to find for defendant. 2. The plaintiff would have been entitled to recover even if he had shown no title, as the action of trespass may be maintained by one having possession merely. 3. The court erred in refusing to permit plaintiff to answer questions, the answers to which would have explained the character and duration of his ownership and possession. No brief in record.
1Opinion of the CourtChief Justice Lewis
delivered the opinion op the court..This is an action by appellant to recover of appellee for trespass by entering upon and cutting and carrying timber from a tract of land 'winch., as alleged in the petition, he was the owner and in possession of.
Appellee, not denying he cut and carried off the timber, states in his answer that he and those under whom he claims had, at the time of the alleged trespass, been in the actual possession of the land described in the petition, claiming to a well defined boundary, for more than fifteen years, and that he had for more than eighteen months so held and…
2Cases cited2 opinions
- Taylor v. BucknerCourt of Appeals of Kentucky · 1819
- Roberts v. SandersCourt of Appeals of Kentucky · 1820
3Cited by6 opinions
- LeMoyne v. HaysCourt of Appeals of Kentucky · 1911
- Middlesboro Waterworks v. NealCourt of Appeals of Kentucky · 1899
- Whitaker v. ShepherdCourt of Appeals of Kentucky (pre-1976) · 1939
- Fuller v. MullinsCourt of Appeals of Kentucky · 1911
- Pollock v. Maysville & Big Sandy R. R.Court of Appeals of Kentucky · 1898
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