FORDSON COAL CO. v. ASHER

No. 4857.

23 F.2d 325 (1928)

FORDSON COAL CO. v. ASHER et al.

Circuit Court of Appeals, Sixth Circuit.

January 5, 1928.


Attorney(s) appearing for the Case

J. G. Bruce and Cleon K. Calvert, both of Pineville, Ky. (W. R. Middleton and Clifford B. Longley, both of Detroit, Mich., on the brief), for plaintiff in error.

Martin T. Kelly, of Pineville, Ky., for defendants in error.

Before DENISON and MOORMAN, Circuit Judges, and HICKENLOOPER, District Judge.


PER CURIAM.

This was a suit in trespass to try title. The trial was by the court under a written jury waiver, and judgment was rendered for defendants upon separate findings of law and fact. Plaintiff proved record title in itself running back to a state grant. Defendants' claim was based on an adverse possession for the statutory period. That there had been a sufficient adverse possession to transfer title seems to be conceded. The plaintiff claims, however, that...

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