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McALPIN v. BAILEY

Nos. 2010-CA-001123-MR, 2010-CA-001206-MR.

376 S.W.3d 613 (2012)

Patricia Tatum McALPIN, in her Individual Capacity and in her Capacity as Executrix of the Estate of Kathryn Tatum; Timothy J. McAlpin; the J.D. McAlpin Group, Inc.; Michael Ray Tatum; and Susan L. Young-Tatum, Appellants/Cross-Appellees v. John W. BAILEY and Elizabeth C. Bailey, Appellees/Cross-Appellants.

Court of Appeals of Kentucky.

Rehearing Denied August 29, 2012.

Attorney(s) appearing for the Case

William K. Moore , Versailles, KY, for appellants/cross-appellees.

Jeffrey A. Darling , Lexington, KY, for appellees/cross-appellants.

Before TAYLOR, Chief Judge; DIXON and LAMBERT, Judges.

OPINION

LAMBERT, Judge:

This is an appeal and cross-appeal from a judgment holding that the appellees acquired title to a disputed strip of property under the doctrine of champerty and awarding compensatory damages to the trespassing parties for the value of the encroaching fence. After careful review, we affirm in part, reverse in part, and remand.

John and Elizabeth Bailey ("the Baileys") purchased their home located at 2009 Bamboo Drive...

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