289 S.W. 262 | Ky. Ct. App. | 1926
Affirming.
On January 13, 1898, the appellant, Polly Arnett and her sister, Melvina Hackworth, deeded a described boundary *193
of land to William. Arnett. At that time both Melvina Hackworth and Polly Arnett were married women. Although their husbands signed and acknowledged this deed, the names of neither of the husbands appeared in the body of the deed as grantors expressly or impliedly, and neither of them had previously made a separate conveyance of this property. Under a long line of decisions in this state, some of which are collected in the recent case of Duncan v. Jenkins,
It is settled in this state that, where the vendee in a void deed takes actual possession of the land, the possession, if held adversely, may ripen into title, and the deed may be considered as evidence of the extent of his claim within the rule that, where one claims under color of title, and there is no actual possession by another of a part of the land within the well defined boundaries of the claimant, the law by construction carries his possession to the full extent of the boundary defined by his color of title, with certain exceptions not here pertinent. The eases sustaining this proposition are, in part, collected in the case of J. B. Gathright Land Co. v. Begley,