Legal Opinion

Kevil v. Casey

Court of Appeals of Kentucky

Decided October 16, 1970Published

1Opinion of the Court

CLAY, Commissioner.

Appellants brought this suit to quiet title to a 40-acre tract of land in Lyon County. The sole basis of their claim is adverse possession. On a motion for judgment on the pleadings, the 'Chancellor adjudged title in appellee Willie Lee Kevil Casey, who claimed under a deed executed by her grandfather. It is appellants’ contention that the issue of adverse possession *85could not be decided on the pleadings, and we agree.

The complaint alleges in unequivocal language (in paragraph 8) that appellants have been in the “actual, peaceable, exclusive, open, notorious, visible,…

2Cases cited4 opinions

  1. Owsley v. OwsleyCourt of Appeals of Kentucky · 1903
  2. Archer v. Citizens Fidelity Bank & Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1963
  3. Harrelson v. REAVESSupreme Court of South Carolina · 1951
  4. Ramey v. RameyCourt of Appeals of Kentucky · 1962

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