Jackson v. Metcalf

WADDILL, Commissioner.

Chester Jackson and his wife appeal from so much of a judgment as denies them damages against Dillard Metcalf for trespass on a tract of land. The primary question is whether the Jacksons established title to the land on which Metcalf allegedly trespassed.

During 1959 Metcalf sold the commercial timber growing on a tract of land in Harlan County. The Jacksons claimed ownership of this tract and instituted this action to recover damages for the removal of timber by Metcalf’s vendee. Metcalf denied that the Jacksons owned the land. The trial judge sitting without a jury…