MONTGOMERY COAL CORP. v. STACY


249 S.W.2d 519 (1952)

MONTGOMERY COAL CORP. v. STACY.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 13, 1952.


Attorney(s) appearing for the Case

E. C. Wooton and D. G. Boleyn, Hazard, for appellant.

Don A. Ward, Hazard, for appellee.


CLAY, Commissioner.

Appellee filed this suit to "recover" a ten acre tract of land in Perry County, and judgment was entered in his favor. On this appeal appellant contends such a judgment is not sustained by the evidence.

Appellant claims under a patent issued to W. L. Combs and a deed executed by James Stacy. Since the Combs patent is junior to one through which appellee claims, and the two overlap, appellant's title hinges on whether or not James Stacy...

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