Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 14; Volume 77 |
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Page 3
... claim must be adverse . Light and air are not subject to appropriation or adverse claim . 4. An adverse claim is a right of action in the other party for the thing claimed . No such right of action exists for light or air , and there ...
... claim must be adverse . Light and air are not subject to appropriation or adverse claim . 4. An adverse claim is a right of action in the other party for the thing claimed . No such right of action exists for light or air , and there ...
Page 8
... claim so far as it is attempted to base it on the statute of limitations . ( See Hubbard v . Town , 3 Vt . 298. ) But it is contended that the doctrine of the English com- mon law in respect to ancient lights is in force here , and the ...
... claim so far as it is attempted to base it on the statute of limitations . ( See Hubbard v . Town , 3 Vt . 298. ) But it is contended that the doctrine of the English com- mon law in respect to ancient lights is in force here , and the ...
Page 13
... claim of right to pass over or feed his cattle upon it , or divert the water from his mill or throw it back upon his land or machin- ery ; in these , and the like cases , long - continued acquiescence affords strong presumptive evidence ...
... claim of right to pass over or feed his cattle upon it , or divert the water from his mill or throw it back upon his land or machin- ery ; in these , and the like cases , long - continued acquiescence affords strong presumptive evidence ...
Page 39
... claim of right , for more than twenty years , in this case , is held to have raised the presumption of a grant . HILL & ALLCORN FOR APPELLANT . 1. If Napier's use and enjoyment of the passway have not been claimed and enjoyed adversely ...
... claim of right , for more than twenty years , in this case , is held to have raised the presumption of a grant . HILL & ALLCORN FOR APPELLANT . 1. If Napier's use and enjoyment of the passway have not been claimed and enjoyed adversely ...
Page 42
... claims have not used the passway in dispute , not as a privilege but under a claim of right , for such a period of time as to raise the presumption in their favor of a grant . According to the evidence the passway made by Blain , by ...
... claims have not used the passway in dispute , not as a privilege but under a claim of right , for such a period of time as to raise the presumption in their favor of a grant . According to the evidence the passway made by Blain , by ...
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12 Bush action Adm'r agreement alleged appellant appellant's appellee assignment authority Bank bond Buford Bullitt County cause remanded certificate chancellor Chancery Court chap chapter Church of Louisville CIRCUIT COURT Civil Code claim clerk common carrier common law Commonwealth constitution contract counsel county court court of equity creditors Dana debt declarations deed defendant DELIVERED THE OPINION demurrer duty election Elliott County entitled equity evidence ex'r executed fact feme covert Ferguson filed Garrard County guardian held homestead husband indictment indorsed intended J. J. Mar judgment jurisdiction jury Krauth land legislature liable lien mandamus ment mortgage non est factum offense paid parties payment person petition plaintiff possession Presbyterian Church proceedings prosecution purchase question reason record rendered reversed rule sheriff sold Stat suit surety testator tion trial Trustees vendee void wife witness