Robinson v. Wells
Citation | 142 Ky. 800 |
Parties | Robinson, et al. v. Wells, et al. |
Decision Date | 16 March 1911 |
Court | Court of Appeals of Kentucky |
v.
Wells, et al.
Page 801
ROBERT BUCKLER and JOHN T. McCARTNEY for appellants.
HOLMES & ROSS and SAMUEL THROCKMORTON for appellees.
OPINION OF THE COURT BY WM. ROGERS CLAY, COMMISSIONER — Reversing.
On July 23, 1907, Anna Wells, Lena Wells, Luther Wells and others, claiming to be the joint owners of a certain tract of land in Robertson county, Kentucky, and lying on the waters of Johnson Fork of Licking River, a non-navigable stream, instituted an action against Frank Robinson and Sarah J. Robinson, his mother, to restrain them from destroying and defacing their landmarks and monuments on the western boundary of plaintiffs' land and from constructing fences on the east bank of Johnson Fork, and from otherwise trespassing upon the land. A similar suit was filed by Annie Wells against the same defendants to enjoin them from wrongfully and unlawfully entering upon the lands which she owned in her individual right. A similar suit was also filed by Elizabeth Wells against the same defendants and praying for similar relief. The defendants answered and denied the allegations of each petition. Thereafter plaintiffs filed their amended petitions in equity, wherein they asserted title to the land in controversy by adverse possession. Subsequently all three of these actions were consolidated and docketed under the name of Annie Wells, et al. v. Frank Robinson, et al. Thereafter the defendants filed an amended answer and counter-claim wherein they pleaded ownership of the land by title of record and also by adverse possession. They also pleaded that plaintiffs claimed title through Uriah Wells, who had accepted a certain stone on the east bank of Johnson Fork as the corner in making surveys of his and defendants' land, and that the line claimed by defendants to be the dividing line between him and plaintiffs had always been recognized by plaintiffs and those through whom they claimed as the dividing
Page 802
line. Upon submission of the case the chancellor granted the relief prayed for by plaintiffs and adjudged that each of them, with respect to the particular land which she owned, had title to the bed of Johnson Fork of Licking River to the thread of the stream for the full length of the western boundary of her particular land. From this judgment the defendants have appealed.
While both plaintiffs and defendants asserted title by adverse...
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