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OSBORNE v. KENACRE LAND CORP.

No. 1999-CA-002829-MR.

65 S.W.3d 534 (2001)

Michael OSBORNE, in his capacity as Executor of the Estate of Raymond Osborne, deceased, Appellant, v. KENACRE LAND CORPORATION, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied February 13, 2002.

Attorney(s) appearing for the Case

Joe F. Childers, Lexington, for Appellant.

Joseph L. Hamilton, John A. Bartlett, Stites & Harbison, Louisville, Calvin R. Tackett, Bolling & Tackett, Whitesburg, for Appellee.

Before DYCHE, HUDDLESTON and KNOPF, Judges.

OPINION

HUDDLESTON, Judge:

Michael Osborne appeals from a Pike Circuit Court order which denied a motion by Michael to revive an action originally filed by Raymond Osborne as time barred by Kentucky Revised Statute (KRS) 395.278.

Raymond Osborne originally filed suit on January 25, 1988, against Kenacre Land Corporation for trespassing upon and removing minerals from Raymond's property. While the action was pending, Raymond died testate on...

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