1 Ky. Op. 74 | Ky. Ct. App. | 1867
Opinion op ti-ie Court by
There can be no question of fifteen years’ limitation between these parties in this case because the execution sale under which appellees claim was on August 6, 1846, and this suit was begun November 24, 1860; consequently a period of only fourteen years, three months, and eighteen days had elapsed after the execution sale Until suit brought.
In .the year 1832 the heirs-at-law of J. W. Semple, deceased, by a friendly proceeding and consent decree of the Hickman Circuit Court had a partition of some 5,500 acres of land which had descended to them from said decedent.
In this partition the land in contest was assigned to appellant who was then Mrs. Garner. She entered on the land assigned her soon afterward.
Jenkins having obtained judgment and execution against her had the land levied on and sold August 6, 1846. November 2, 1847, the sheriff conveyed the land by deed to Watson, to whom Jenkins had transferred his bond; it has been sold and conveyed ■several times since by regular deeds down to appellees, who, and those under whom they claim, have had possession by actual occupancy since soon after the execution sale.
As the legal title must be presumed to be in her from the partition and her possession thereunder, it follows that it passed by the execution sale and sheriff’s deed, and this all appearing from her evidence, the court properly gave a peremptory instruction to find against her.
There are some other minor questions presented, but nothing substantial; at least, no available error is perceived in them.
Wherefore, the judgment is affirmed.