New Domain Oil Gas Co. v. Gaffney Oil Co.
Court of Appeals of Kentucky
CASE 100. — ACTION BY THE GAFFNEY OIL COMPANY AGAINST THE NEW DOMAIN OIL & GAS COMPANY AND OTHERS. — Appeal from Wayne Circuit Court. Judgment for plaintiff, and the New Domain & G-as Company appeals. — POINTS AND AUTHORITIES. 1. To acquire title to land by adverse possession, such possession must be actual, visible, exclusive, hostile and continued during the time necessary to create a bar under the staute of limitation.
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CASE 100. — ACTION BY THE GAFFNEY OIL COMPANY AGAINST THE NEW DOMAIN OIL & GAS COMPANY AND OTHERS. — Appeal from Wayne Circuit Court. Judgment for plaintiff, and the New Domain & G-as Company appeals. — POINTS AND AUTHORITIES. 1. To acquire title to land by adverse possession, such possession must be actual, visible, exclusive, hostile and continued during the time necessary to create a bar under the staute of limitation. Although the possession may be continuous if the occupant recognizes or acknowledges the title of the true owner the possession is not adverse, and such possess’on continues…
1Opinion of the Court
Opinion op the court by
Judge O’Rear
— Affirming.
Wm. Dobbs was the patentee of a tract of 63 acres of land in Wayne county in 1859. Some 50 years ago he sold 25 acres of this land to one Tom Smith, setting it apart by marked boundary. Smith sold the same tract to Davenport, and Davenport sold it back to Dobbs. Dobbs subsequently resold to Davenport, putting him in possession of it, and Davenport sold it to Henderson Foust some 30-odd years ago, putting Foust in possession. All these sales were, by parol. Davenport wias also the owner by parol purchase of an adjoining tract of 50 acres, which he…
2Cases cited9 opinions
- Owsley v. OwsleyCourt of Appeals of Kentucky · 1903
- Thomson v. ThomsonCourt of Appeals of Kentucky · 1892
- Commonwealth v. GibsonCourt of Appeals of Kentucky · 1887
- Chambers v. PleakCourt of Appeals of Kentucky · 1838
- Pope v. BrassfieldCourt of Appeals of Kentucky · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Whitley County Land Co. v. Powers' HeirsCourt of Appeals of Kentucky · 1912
- Tennis Coal Co. v. SackettCourt of Appeals of Kentucky · 1916
- Padgett v. DeckerCourt of Appeals of Kentucky · 1911
- Warfield Natural Gas Co. v. WardCourt of Appeals of Kentucky (pre-1976) · 1940
- Tippenhauer v. TippenhauerCourt of Appeals of Kentucky · 1914
13 more not listed; retrieve them via the Exa API.