Belcher v. Polly

• Citation: 106 S.W. 818
• Parties: BELCHER ET AL. v. POLLY ET AL.
• Decision Date: 14 January 1908
• Court: Court of Appeals of Kentucky

106 S.W. 818

BELCHER ET AL. v. POLLY ET AL.

Court of Appeals of Kentucky.

January 14, 1908

Appeal from Circuit Court, Pike County.

"Not to be officially reported."

Bowling & Stratton, for appellants.

York &amp Johnson, for appellees.

NUNN J.

Prior to the year 1872 one Ramey devised to his daughter Nancy Belcher, a tract of land containing 1,600 acres, situated in Pike county, Ky. for and during her natural life, with remainder to her children. On August 22, 1872, she and her husband, with six of their children, who were adults, signed a paper purporting to be a deed in the usual form and purporting to convey a fee-simple title, and acknowledged it before a justice of the peace in Kanawha county, W.Va. This attempted conveyance was made to Joseph D. Belcher and Levi Clevenger, and was recorded in the clerk's office of the Pike county court. Appellees are the remote vendees of Belcher and Clevenger. It is proven, and not contradicted that appellees and their remote vendors have been in the actual, adverse possession of this land and claiming to the exterior boundaries thereof since 1872. Nancy Belcher had nine, and only nine, children. Six of them signed the paper referred to. The other three were under age at that time. Two of them conveyed to Belcher and Clevenger in 1882. The other one in 1902 conveyed to appellees. About this time several of the parties who signed the paper referred to commenced to claim that they owned interests in the land, that the deed referred to was void, and that their names were forged thereto. Then it was that appellees instituted this action under section 11 of the Kentcuky Statutes of 1903, to quiet their title to the land. Three of the children and the descendants of two others, who are appellants herein answered the petition, and alleged that they were the owners of five-ninths of the land, and alleged that they never signed or acknowledged the deed referred to, and that their names were forged thereto. George Belcher, one of the children, agreed that he signed and acknowledged the deed, and stated that all the others also signed and acknowledged it. Appellants also say that they were joint tenants with appellees and their vendors, and appellees' possession was not adverse to them, and also that the life tenant, their mother, who did sell her interest, did not die until September, 1889, and that 15 years had not elapsed from that date until this action was...