Herndon v. Wood

Court of Appeals of Kentucky

Herndon v. Wood

9 Ky. 44, 2 A.K. Marsh. 44, 1819 Ky. LEXIS 153

DecidedOctober 18, 1819

StatusPublished

This text of 9 Ky. 44 (Herndon v. Wood) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herndon v. Wood, 9 Ky. 44, 2 A.K. Marsh. 44, 1819 Ky. LEXIS 153 (Ky. Ct. App. 1819).

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Opinion

Judge Owsley

delivered the opinion of the court.

The appellants, who were defendants in the circuit court, having proved in themselves and those under whom they claim, an adverse possession for upwards of twenty years, it was irregular to instruct the jury, that they couldnot avail themselves of the length of possession, unless they produced some written evidence of the right and transfers of those under whom they claimed.

The judgment must, therefore, be reversed with cost, the cause remanded, and further proceedings had not inconsistent with this opinion.

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Judge Owsley

delivered the opinion of the court.

The appellants, who were defendants in the circuit court, having proved in themselves and those under whom they claim, an adverse possession for upwards of twenty years, it was irregular to instruct the jury, that they couldnot avail themselves of the length of possession, unless they produced some written evidence of the right and transfers of those under whom they claimed.

The judgment must, therefore, be reversed with cost, the cause remanded, and further proceedings had not inconsistent with this opinion.

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Bluebook (online)

9 Ky. 44, 2 A.K. Marsh. 44, 1819 Ky. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herndon-v-wood-kyctapp-1819.