155 Ky. 257 | Ky. Ct. App. | 1913
Opinion op the Court by
Affirming.
On October 27, 1851, Hiram Miller conveyed to Jesse Campbell an undivided two-thirds interest in a tract of land on Indian Creek; in Knox County, Kentucky, containing about 135' acres. Jesse Campbell died intestate in the year 1863, leaving surviving him his widow, Sallie Campbell, three daughters, Sarah, Rachel and Eliza, and one son, Joseph Campbell. In the year 1865, Eliza Campbell married John Helton. She died several years later, leaving surviving her her husband, John Helton, and the following children: Frank Helton, Nancy Hinkle, John W. Helton, Sallie Helton, G. B. Helton and Alex. Helton.
Alleging that they and the defendants, Joseph Campbell, Sarah A. Campbell. Rachel Campbell and Alex. Helton, were the owners of a certain tract of land described in the petition, plaintiffs, Frank Helton, Nancy Hinkle;
’ The record 'discloses the following facts:
Just prior to his purchase of the 135 acres of land from Hiram Miller, Jesse Campbell and his family moved on the land. Shortly after his death in 1863 Eliza Campbell married John Helton, and they took up their residence at the home place with her mother. In 1866 Eliza and her husband settled upon a tract of about 60 acres of land covered by the deed from Hiram Miller to Jesse Campbell.- Eliza’s mother and the other children continued to reside on the other portion of the land. Later on these people were threatened with litigation, growing out of the fact that Miller had conveyed to Campbell only an undivided two-thirds interest in the tract of land described in the deed. In order to give notice of their adverse possession, the widow, Sallie Campbell, had a survey made in her name, embracing that portion of her husband’s land which she and certain of her children occupied. On December 29, 1866, a patent was issued to her for said tract of land. On August 23rd, John Helton, the husband of Eliza, had a survey made in his name of the tract of land which he and Eliza occupied, and on December 29, 1866, procured a patent therefor from the Commonwealth of Kentucky. After the above patents were procured by Sallie Campbell and her son-in-law, John Helton, Sallie Campbell and her two single daughters and son, Joseph Campbell, continued to occupy the land as they had formerly done until the death of Sallie Campbell, which occurred in the year 1905. Thereafter the defendants occupied it, and were in possession at the institution of this action. After the patent was obtained by John Helton, he and his wife and children continued to occupy the tract patented by him until his wife’s death, since which time he and certain of his children have been in possession.
Even if we exclude the evidence of defendants on the ground that they testified as to acts done and transactions had by their mother and their aunt, Eliza Helton, who were dead at the time the testimony was given, still it is well settled in this State that where each of several joint owners of land takes into possession a separate part iof the land, and the land is thus separately held and claimed during a long period of years, the presump
Judgment, affirmed.