Gabbard v. Lunsford
| Decision Date | 17 December 1948 |
| Citation | 215 S.W.2d 985,308 Ky. 836 |
| Parties | GABBARD et al. v. LUNSFORD et al. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Jackson County; Ray C. Lewis, Judge.
Suit by Wesley Gabbard and wife against Linda Lunsford and husband to enjoin the defendants from trespassing upon the plaintiffs' land. From a judgment of dismissal, the plaintiffs appeal.
Judgment affirmed.
Hector Johnson and C. P. Moore, both of McKee, for appellants.
J. R Llewellyn, of McKee, for appellees.
MORRIS Commissioner.
Appellants Gabbard and wife, plaintiffs below, in their petition alleged that they were the owners and in possession of a described tract of land in Jackson County comprising about 59 acres. Charging defendants Linda Lunsford and her husband were unlawfully entering upon the land, cutting and removing timber, they prayed for an order perpetually enjoining appellees from further trespassing, and are here asking that they be adjudged a good title. Defendants appellees, denied generally and plead that they were the owners and in possession of one acre of the boundary described in the petition.
They allege that the one acre adjoins plaintiffs' boundary, and that they are claiming ownership. Defendants ask that they be adjudged owners of an equitable title to the one acre described in answer. A reply in general denial completing pleadings. Upon submission the chancellor dismissed plaintiff's petition and adjudged defendants to be the equitable owners.
Appellants to prove title introduced a certified copy of a deed to them from Robert Welch and wife of date June 16, 1945, which recites that the tract described was conveyed to Welch by Brewer and wife in January 1943, including the one acre described in controversy. No copy of this deed was exhibited. Oral proof was introduced to the effect that Welch had purchased from Brewer at some previous date, and that Brewer had purchased from Gilbert who had purchased from the heirs of H. C. Fowler, one of whom owned a one-half interest; the other heirs, three or four in number, conveying to the same grantee. This was some time in 1917. There were objections to all testimony in respect of all conveyances except the one manifested by the exhibited deed, on the ground that certified copies constituted the best evidence.
Appellee to sustain her claim testified that she was one of the heirs of Pal Fowler who owned a one-half interest in H. C. Fowler land. She and other heirs conveyed their one-half interest to Gilbert, the consideration being $20 cash to the other heirs and for her portion...
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Ogden v. Beverly
...of his title and not upon the weakness of his adversary's title, or the fact that his opponent has no title." Gabbard v. Lunsford, 308 Ky. 836, 215 S.W.2d 985, 986 (1948). Stated differently, proving legal title and possession are prerequisites to seeking affirmative relief (i.e., the "cour......
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Hoskins v. Fed. Nat'l Mortg. Ass'n
...title and not upon the weakness of his adversary's title, or the fact that his opponent has no title.'" Id. (quoting Gabbard v. Lunsford, 215 S.W.2d 985, 986 (Ky.1948)).a First, the Hoskins do not allege that they are in possession of the property. Far from it, they complain "[t]he defendan......
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Clark v. Van Meter
...In Kentucky a party "seeking to establish title must sustain his claim either by record title or by adverse possession." Gabbard v. Lunsford, 215 S.W.2d 985, 986 (1948). Here, because the Clarks' deed fails to mention the tract at issue, while the Van Meter brothers' deed specifically estab......
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Rose v. Griffith
...in an action to quiet title must recover on the strength of his own title, and not on the weakness of his adversary. Gabbard v. Lunsford, 308 Ky. 836, 215 S.W.2d 985. In Ratcliff v. Coleman, 241 Ky. 791, 45 S.W.2d 493, 494, it was 'It is a rule universally recognized that, in an action to r......