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4 Ky. Op. 544

Daniel v. Cassell

Court of Appeals of Kentucky

Decided May 16, 1871

Court of Appeals of Kentucky · decided 1871-05-16

<p>APPEAL EROM CAMPBELL CIRCUIT COURT.</p>

Decided 1871-05-16

¶1Opinion oe the Court by

Judge Peters :

¶2The only defense made to the suit by appellant was an adversary *545holding of over fifteen years, which he utterly failed to make out by the proof.

TLallam, for appellant.Menzies & F., for appellee.

¶3The recovery of the land by Mrs. Cassell of G-. Daniel, &c., the persons then in possession, is manifested by the record and proceedings of that action filed in this case, and read as evidence without objection in the court below. And it is very clear from the evidence that after the recovery in that action, appellees, and their ancestor were in the possession by their tenants before appellant entered, and that his subsequent entry was without right, and tortuous.

¶4We perceive no error prejudicial to appellant, and the judgment must be affirmed.

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