Court of Appeals of Kentucky.
LOGAN et al. v. CATRON et al.
Nov. 12, 1897.
ACTION: Affirmed.

Appeal from circuit court, Knox county.
"Not to be officially reported."
Action by Marshall Logan and others against J. H. Catron and others for a division of lands.
Judgment dismissing petition, and defendants appeal.

In this suit, for a division of lands alleged to belong to plaintiffs and another, who is made a defendant, other defendants, who are alleged to be in possession, and retaining the lands without paying rent therefor, will be permitted to file answers and set up their ownership thereto, as otherwise they would be estopped from doing so afterwards. It is otherwise in suits in county courts for division of lands, for the obvious reason that title cannot be involved in such actions. In supporting their title, the former relied on a deed purporting to have been executed in March, 1869, by Robert Logan to their ancestor, Woodson Logan; but this deed is not shown by any competent proof to have been lodged for record, and there was no attempt to record it until 1894, nor did the alleged grantee ever take possession. In the meantime the land was sold under execution against Robert Logan, and the appellees, or their representatives, having bought it, recovered possession thereof in an action in ejectment, and have had possession for a number of years.

The court properly dismissed the plaintiffs' petition.

Judgment is affirmed.

Ky.App. 1897.
LOGAN et al. v. CATRON et al.


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