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8 Ky. 59

Stewart v. Jackson

Court of Appeals of Kentucky

Decided October 20, 1817

Court of Appeals of Kentucky · decided 1817-10-20

<p>t „ _ . A petti in eject, whose Piit£Ilt “ not old "when he brings his yearsadverse possession,— tiiepli*» right mencingwitii his patent.</p>

Decided 1817-10-20

Judge Owsley

¶1delivered the opinion of the court.

¶2This case turns upon the propriety of the decision of the court below in refusing to award the appellant a new trial in an action of ejectment brought by him in that court against the appellee,

¶3The appellee relied upon an adverse possession for twenty years; but as the appellant’s right of entry is shewn to have accrued within twenty years, according to the case of Chiles against Calk, (4th Bibb, 544,) the court improperly held his action to be barred such a

¶4The judgment must, therefore, be reversed with cost, the cause remanded, and a new trial had, not inconsistent with this opinion.

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