151 Ky. 198 | Ky. Ct. App. | 1912
Opinion of the Court by
Affirming.
Plaintiff, J. W. B. Joiner, brought this action against defendant, John H. McCain, to quiet title to an acre and a half of land lying in the southeastern part of Trigg County. The defendant denied plaintiff’s title, and pleaded title in himself. He also asked damages for the cutting of certain timber by plaintiff, and on final hearing the chancellor gave judgment in favor of plaintiff. Defendant appeals.
It appears that plaintiff and defendant own adjoining tracts of land. Between the two tracts is a lane which has been used by plaintiff and defendant and their grantors and the traveling public generally for 35 or 40 years. At one point the lane makes an oblique turn, and the tract of land in controversy lies in the angle thus
It is by no means clear that defendant’s deeds cover the land from which it is claimed plaintiff cut certain timber, and there is no evidence that defendant held that portion of the land by adverse possession. The evidence upon this and other questions being conflicting, and such as to- leave the mind in doubt, the case is one which makes it peculiarly appropriate, that we should follow the conclusion reached by the chancellor. Byassee v.
Judgment affirmed.