Gearheart v. Tharp
Court of Appeals of Kentucky
Appeal prom the Marion Circuit. ■Conveyances. Sales of land under execution. Trespass. Case 10.
1Opinion of the CourtChief Justice Marshall
This action of trespass quere clausum fregit, was brought by Tharp against Gearheart, for pulling down the fence of the plaintiff. The defendant pleaded liberum tenementum; on which the plaintiff new assigned, describing the closes in which, &c., as certain closes in Marion county, called and known as the Mullens farm, and then giving a general description of the abuttals, proceeds to state the boundary as beginning at Wm. Ware’s north east corner, two ash trees, and running by course and distance, to certain objects east, south and west, to a line of said Ware’s sui'vey, and thence with said…
2Cases cited3 opinions
- Addison v. Crow & JarvisCourt of Appeals of Kentucky · 1837
- Hord v. WalkerCourt of Appeals of Kentucky · 1824
- Bank of the Commonwealth v. PortmanCourt of Appeals of Kentucky · 1839
3Cited by2 opinions
- In re BartlesNew Jersey Court of Chancery · 1880
- Isaacs v. GearheartCourt of Appeals of Kentucky · 1851