Fugate v. Martin
| Citation | 252 Ky. 189,66 S.W.2d 40 |
| Parties | FUGATE v. MARTIN et al. |
| Decision Date | 12 December 1933 |
| Court | Court of Appeals of Kentucky |
Appeal from Circuit Court, Knott County.
Suit between Henry Fugate and B. J. Martin and others. From a judgment in favor of the latter, the former appeals.
Affirmed.
D. G Boleyn, of Hazard, for appellant.
H. H Smith, of Hindman, Wootton & Wooton, of Hazard, and Francis M. Burke, of Frankfort, for appellees.
Henry Fugate claims title by adverse possession of a portion of a 400-acre tract of land situated in Knott county, patented by Esau Hammons in 1849. Archibald Fuller, the predecessor in title of Fugate, made a survey covering the land in controversy in 1870. His survey overlaps portions of the Esau Hammons survey and patent. Fugate claims that his title by adverse possession has ripened into a perfect title as against the Hammons patent and those claiming under it. The major portion of the evidence in behalf of the parties was directed to the identity and location of the beginning corner of the Hammons 400-acre patent. There is a variance in the boundary of the 400 acres, as it appears in the survey and entry, and in the patent. It is an established rule that where such discrepancy occurs, the original entry and certificate control the calls, courses, and distances in the patent. The witnesses of Fugate located the beginning corner of the 400-acre patent where he claims it to be. Those in behalf of Martin identified a small, decayed, forked sugar tree as the beginning corner. As respects the sugar tree corner, there is no difference in the Hammons' entry and certificate, and the patent. The identity and location of the beginning corner at the forked sugar tree are abundantly established by witnesses claiming a personal knowledge of it for 60 years or more and, also, knowledge obtained of old citizens now deceased. The trial court accepted their testimony as to the identity and location of the beginning corner of the Esau Hammons 400-acre patent. The surveyors who have testified for the respective parties differ in their location, not only as to the beginning corner, but in other courses and distances; also, in location of the entire boundary of the land respectively claimed by the parties. Esau Hammons entered and obtained a patent for 1,500 acres adjacent to the 400 acres. According to the surveyors testifying in behalf of Fugate, their boundaries overlap. Accepting surveys as made by the surveyors who have testified in behalf of Martin, this overlap of these patents disappears. The deed of Archibald Fuller to Solomon Fuller, a predecessor in title of Fugate, shows that the description of the Fugate land calls for the Delby Combs lines. The deed of Solomon Fuller to William Combs calls for the lines of the Hammons 400-acre survey. Fugate's deed from Combs contains the same description of the land, and calls for the lines of the Hammons 400-acre survey. These deeds thus corroborate the testimony of the witnesses who locate the beginning corner of the Hammons 400-acre patent at the sugar tree and establish that Fugate's predecessors' deeds do not cover the land in controversy, and show his line runs with the outside lines of the Hammons 400-acre patent.
Fugate endeavored to establish title of the disputed land by 15 years' adverse, open, notorious, and continuous...
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Eastern Ky. Production Credit Ass'n v. Scott
...tenants. Greenway v. Watson, 268 Ky. 745, 105 S.W.2d 848; Norfolk & Western Ry. Co. v. McCoy, 250 Ky. 190, 61 S.W.2d 1080; Fugate v. Martin, 252 Ky. 189, 66 S.W.2d 40. Manifestly, tenants occupying an apartment house would not put appellant on notice that Mildred was the owner of the proper......
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French v. Elkhorn City Land Co.
...ripens into title through the operation of the Statute of Limitation. Among the many cases sustaining this conclusion are Fugate v. Martin, 252 Ky. 189, 66 S.W.2d 40; Flinn et al. v. Blakeman et al., 254 Ky. 416, S.W.2d 961; Cassada v. Vanhook, 282 Ky. 383, 138 S.W.2d 1003. Appellant furthe......
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French v. Elkhorn City Land Co.
...ripens into title through the operation of the Statute of Limitation. Among the many cases sustaining this conclusion are Fugate v. Martin, 252 Ky. 189, 66 S.W. (2d) 40; Flinn et al. v. Blakeman et al., 254 Ky. 416, 71 S.W. (2d) 961; Cassada v. Vanhook, 282 Ky. 383, 138 S.W. (2d) Appellant ......