110 Ky. 776 | Ky. Ct. App. | 1901
Opinion of the court by
Reversing.
■This was an action in ejectment, the appellants, heirs at la.w of Richard Mann, Jr., deceased, having sued to recover of the appellee the possession of a strip of land in Pendleton county. Appellants claim title under a. patent from the Commonwealth of Virginia to John Crittenden, bearing date the 15th day of April, 1786. Appellants are
The answer in the case first traversed the allegations of title in the plaintiffs, and then pleaded that the defendant was the owner of all the land described in the petition, and Sought to be recovered. The defendant’s claim of title is alleged to be based upon an adverse possession, actual and continuous for more than fifteen years before the institution of appellants’ suit. The facts shown in the record are that appellants’ ancestors had lived upon and occupied the tract of land of which that in dispute is a part under the deeds above named, and had so occupied it and claimed it for more than sixty years before the institution of this suit; that Richard Mann, Jr., had, twenty-five or more years ago, built a fence some rods from his line as shown' by the calls of his deeds^ leaving outside of‘his .inelosnoje the-.strip of land which is now in controW* \4' ' *“l versy. He continued, however, to exercise such acts of ownership over it as cutting from it rail timber on several
Petition for rehearing by appellee overruled.