[Download] "Duff v. Fordson Coal Co." by Court Of Appeals Of Kentucky ~ Book PDF Kindle ePub Free
eBook details
- Title: Duff v. Fordson Coal Co.
- Author : Court Of Appeals Of Kentucky
- Release Date : January 20, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
TILFORD, Justice. The appellee, Fordson Coal Company, hereinafter referred to as 'the Company,' instituted this action in equity against the appellant, A. J. Duff, to enjoin trespassing, to recover the value of timber cut, and to quiet its title to the land. By answer and counterclaim appellant traversed the allegations of the petition, described the land claimed by him, and asked that he be adjudged the superior title where the patents, under which the respective parties claimed, overlapped. Proof was taken by depositions, and upon final submission to the Special Chancellor it was adjudged that the Company owned the land described in the petition, except a portion thereof which was covered by a patent issued to Abner Turner for 500 acres, the title to which was adjudged to be in the appellant. The judgment dismissed without prejudice that portion of the petition which sought a recovery for the timber cut. After the expiration of the term at which the judgment was rendered, appellant filed a petition under Section 518, Civil Code of Practice, seeking a new trial on the ground of newly discovered evidence, which he alleged he had been unable to discover by the exercise of due diligence until after the trial. The Company's answer was a traverse. The depositions of the newly discovered witnesses were taken, the proceedings in the original action were made a part of the record, and, upon submission to the regular Chancellor, a judgment was rendered dismissing the petition.