Preston Land Co. v. Town of Paintsville

Opinion op the Court by

Judge Quin

— -Affirming on the first appeal and reversing on the second appeal.

By agreement these appeals- are heard together. The first suit was instituted by the Preston Land Company, Cy M. Preston and Fanny Preston v. Town of Paintsville, and in which it was alleged that plaintiffs were the joint owners of a tract of land in Johnson county. The property was owned by Frank Preston, and after his death in 1890 the particular strip of land here involved was assigned to the widow, Emily E. Preston, as dower. The *739land company acquired title to the land from the Preston…