Hall v. Ferguson
288 S.W.2d 628
Ky.,1956
March 23, 1956.


Action wherein the Circuit Court, Knox County, Wm. L. Rose, J., rendered judgment, for review of which an appeal was brought. The Court of Appeals, Per Curiam, held that judgment in trespass action involving location of boundary line between property of parties did not 'fix the value of' property in controversy, and therefore Court of Appeals did not have jurisdiction of appeal upon notice as one 'permitted by law as a matter of right.'
Appeal dismissed.

PER CURIAM.
The controversy is over the location of a boundary line between the property of the parties. The action is for trespass upon a relatively small parcel of land claimed by both parties. The appeal is upon notice as one 'permitted by law as a matter of right'. However, the judgment does not 'fix the value of' the property in controversy as is required. Therefore, jurisdiction of this court is not shown and the appeal must be dismissed.

It appears from the briefs that the decision of the trial court rests on contradictory evidence of fact and the judgment cannot be said to be 'clearly erroneous.' So, were the jurisdiction of the appeal shown, we would have to affirm the judgment.

The appeal is dismissed.

Ky.,1956
HALL v. FERGUSON
288 S.W.2d 628


     

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