Campbell v. Disney
Court of Appeals of Kentucky
Case 10 — PETITION EQUITY APPEAL PROM KNOX COURT OP COMMON PLEAS. The old branch of equitable jurisprudence to remove or to prevent a cloud upon title has been enlarged by statute in this State, under which statute it is sufficient to aver that the defendant is setting up a claim to the land which affects its marketability by the plaintiff. (Barker v. Warren, 6 Ky. Law Beps., 86; Kincaid, &c., v. McGowan, &c., 6 Ky. Law Beps., 102.)
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
The appellant brought this action in equity to quiet, his title to a tract of land. The petition alleges that the appellant has the legal title to the land and is in the possesion of it.
The allegation in reference to the appellee’s asserting claim to the land is : u That the defendant, Patrick Disney, is asserting claim to a portion of said land — the exact extent of such claim plaintiff does not know; that such assertion of claim on the part of the defendant, though without any foundation on which to rest, nevertheless, is a cloud upon the…
2Cases cited1 opinion
- Kincaid v. McGowanCourt of Appeals of Kentucky · 1887
3Cited by9 opinions
- McDaniel v. McElvySupreme Court of Florida · 1926
- Ziska v. AveySupreme Court of Oklahoma · 1912
- Perry v. Eagle Coal Co.Court of Appeals of Kentucky · 1916
- Chicago Auditorium Ass'n v. WillingCourt of Appeals for the Seventh Circuit · 1927
- Packard v. Beaver Valley Land & Mining Co.Court of Appeals of Kentucky · 1894
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