147 Ky. 491 | Ky. Ct. App. | 1912
Opinion or the Court by
Affirming.
The appellants are the children and grandchildren of Hammon G-oosling; ■ They instituted this action against John Chapman, Rebecca Chapman and William'Smith. They alleged in their petition that they took a certain .tract of land from their father and grandfather by descent, which contained about eighty-six acres; They described the land and alleged that they had owned it from-the date of their father’s death; that on May 7, 1908, after their father’s death, John and Rebecca Chapman unlawfully and wrongfully claimed to be the owners of the land described; that they brought a suit in the Pike Circuit Court against William Smith and alleged that they were the owners of the land and that Smith was unlawfully and wrongfully cutting valuable timber from the land which was of the value of more ■than $1,000; that as a result of this litigation the Chap-mans recovered a judgment against Smith for $656 and costs, $60.50; that this judgment recovered by the Chap-mans was for damages to land which 'they did not own and which belonged to these appellants at the time; that the Chapmans were insolvent; that Smith was solvent and the Chapmans would collect the amount of the judgment from him and conceal or waste it.
It is difficult to determine the purpose of the action. It was not drawn to eject the Chapmans from the land. It is not stated that they were in possession of it, nor is it asked that they be ejected therefrom. Appellants ■pray that they be adjudged the owners; that they be adjudged to be the owners of the judgment against Smith; that the Chapmans be enjoined from collecting the judgment or from transferring or disposing of it; that Smith be enjoined from paying them and for all other proper relief. The petition is not sufficient, under section 11, Kentucky Statutes, to remove a cloud from the title. It is not alleged that the Chapmans are still
For these reasons, the judgment of the lower court is affirmed.