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275 S.W.2d 921

Keesee v. Maynard

Court of Appeals of Kentucky

Decided February 25, 1955

Court of Appeals of Kentucky · decided 1955-02-25

Good law ✅— No negative treatment on recordhow we know

Decided 1955-02-25

How this case has been cited

Cited by 11 later decisions — most recently December 2016

11 state decisions

301955196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1This case is before us on motion for an appeal under KRS 21.080, the amount involved being less than $2,500. The action involves the wrongful cutting of timber on a 20-acre tract to which the appellants claim title, and, consequently, prayed relief in damages and an injunction prohibiting further cutting. The defense consisted of a traverse with no plea of title in the appel-lees. The trial court adjudged that the appellants failed to sustain their burden of proving title and dismissed the petition, commenting also that title to the land really could not be adjudicated without making a third party, one Boney Cline, a party to the suit.

¶2After examining the record and exhibits introduced, we are of the opinion that the chancellor was justified in concluding that the appellants’ deeds and testimony failed to establish that the deeds covered the tract in question. Not finding the chancellor’s conclusions “clearly erroneous”, the motion for an appeal is overruled and the judgment is affirmed. CR 52.01.

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