GANNON v. PEARL


311 S.W.2d 184 (1958)

Thomas GANNON et al., Appellants, v. Arthur PEARL, Appellee.

Court of Appeals of Kentucky.

March 7, 1958.


Attorney(s) appearing for the Case

Allen P. Cubbage, Delma L. Mauzey, Leitchfield, for appellants.

R. H. Cannon, Chester O. Carrier, Leitchfield, for appellee.


PER CURIAM.

Motion for an appeal from a judgment of the Grayson Circuit Court fixing a boundary line.

The appellants submit the appellee, as plaintiff, failed to prove that the land in controversy was embraced in his deed because the evidence upon which the court rendered judgment was improperly received. The incompetency is rested upon the following provision of KRS 73.120:

"No survey or resurvey of real estate made by any person, except the county...

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