Humphrey v. Harrison
Kentucky Supreme Court
1DissentPalmore, Justice
The reason I am unable to concur in the majority opinion is that I believe it is fundamentally impossible, under the orthodox principles of adverse possession, for a stranger to the record title to acquire an undivided interest in real property through joint possession of the property with the record titleholder.
Regardless of how the respondent’s possession originated — either by parol gift or otherwise — the validity of his claim depends upon its sufficiency under the principles of adverse possession. Until such time, therefore, as his possession ripened into title his father was the true…
2Cases cited4 opinions
- Moore v. TerryCourt of Appeals of Kentucky (pre-1976) · 1943
- Jemison v. BelcherSupreme Court of Alabama · 1979
- Brevard v. FORTUNESupreme Court of South Carolina · 1952
- Dzuris v. KucharikSupreme Court of Colorado · 1967