Brent v. Long
Court of Appeals of Kentucky
Case 43 — PETITION ORDINARY APPEAL EROM EAYETTE CIRCUIT COURT. 1. The verdict was against the evidence and the overwhelming preL ponderanoe thereof. 2. The 'imstruatians given by the court predicate the right of recovery by appellees of the entire strip of land in question upon the theory that they were the ■heirs of Henry Long, when the evidence ■shows thaft onie-half of the property never belonged to Henry Lo.ng, but passed under'the Whitney deed to 'the “right heirs” of…
Read the full summary
Case 43 — PETITION ORDINARY APPEAL EROM EAYETTE CIRCUIT COURT. 1. The verdict was against the evidence and the overwhelming preL ponderanoe thereof. 2. The 'imstruatians given by the court predicate the right of recovery by appellees of the entire strip of land in question upon the theory that they were the ■heirs of Henry Long, when the evidence ■shows thaft onie-half of the property never belonged to Henry Lo.ng, but passed under'the Whitney deed to 'the “right heirs” of Harriet Long. 3. The first and controlling 'instruction in the case is so involved ■and confused, 'in its phraseology and…
1Opinion of the Court
JUDGE LANDES
delivered the opinion of the court.
The appellees sued the appellant iu the Fayette Circuit Court to recover a small strip or parcel of land fronting on Third'Street, between Broadway and Mill streets in the city of Lexington, and described as running back at right angles with Third street “one hundred feet, more or less, to Frazier’s line.” They alleged that they were the owners and entitled to the possession of this strip or parcel of land, and that the appellant “now holds and has for the last three years wrongfully held said land, and kept plaintiffs out of possession thereof.”
T…
2Cited by4 opinions
- Moran v. ChoateCourt of Appeals of Kentucky (pre-1976) · 1934
- Fergerson v. RiekeCourt of Appeals of Kentucky (pre-1976) · 1927
- Harmon v. LoweCourt of Appeals of Kentucky (pre-1976) · 1949
- Berry v. Kentucky Children's Home SocietyCourt of Appeals of Kentucky (pre-1976) · 1933