Hibbard v. Wilson

• Decision Date: 22 November 1895
• Parties: HIBBARD et al. v. WILSON et al.
• Court: Kentucky Court of Appeals

32 S.W. 1086

HIBBARD et al. v. WILSON et al.

Court of Appeals of Kentucky.

November 22, 1895

Appeal from circuit court, Knox county.

"Not to be officially reported."

Action by Jesse T. Wilson and others against Felix Hibbard and others to enjoin defendants from trespassing on and removing timber from certain land. From a judgment for plaintiffs defendants appeal. Affirmed.

John T Hays, for appellants.

J. H Tinsley, for appellees.

PRYOR C.J.

This action in equity was instituted in the year 1893, by the heirs at law of Peter Wilson against the heirs at law of Wiley Hibbard, seeking to enjoin the latter from trespassing on certain lands that had descended to them from their ancestor, and from taking therefrom timber, etc. The appellants pleaded title in themselves by reason of a bond for title executed to their ancestor by one Harrison, who they claim purchased it of the ancestor of the appellees. They also assert title by reason of an adverse possession for more than 15 years prior to the institution of appellees' action. Peter Wilson owned a large tract of land, that was sold and conveyed by him to one Harrison, and Harrison sold 200 acres of this large tract to appellants' ancestor Wiley Hibbard, and placed him in possession, Hibbard holding Harrison's bond for title; and in fact it appears that Peter Wilson was present, and assisted to lay off the boundary to Hibbard, and took, by assignment, the interest of Hibbard's wife in the estate of her mother, in part payment of the land to be credited by what might be collected from that source. This sale was made in the year 1869, and both Hibbard and his wife died in the year 1873, and were then living on the land in controversy. These appellants rely in their answer on the sale and conveyance by Peter Wilson to Harrison, and by Harrison to their ancestor, by title bond executed in 1869. The appellees, in response to the claim of appellants, admit the sale by Peter Wilson to Harrison, and the execution of the bond for title by Harrison to Wiley Hibbard, but allege that, in a certain action in equity between Peter Wilson and Harrison, the conveyance to the latter was canceled, and Wilson reinvested with title. They concede that Wiley Hibbard did have Harrison's bond for title, but allege that the same was surrendered and given up to Wilson, and Hibbard surrendered his claim to the land, and gave up the possession to Wilson. This reply was never traversed by the appellants, and the case must be considered as if the facts alleged as to the surrendering of the title bond are true, and, besides, the...