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WHITE v. SMITH

265 S.W.2d 937 (1954)

WHITE et al. v. SMITH et al.

Court of Appeals of Kentucky.

March 12, 1954.

Attorney(s) appearing for the Case

Dan T. Martin, Hindman, D. G. Boleyn, and Elbert Strong, Hazard, for appellants.

Clark Pratt, Hindman, for appellees.

WADDILL, Commissioner.

The issue involved in the appeal is the ownership of four acres of land located near Smithboro, in Knott County, Kentucky. The court adjudged the appellees to be the owners thereof by virtue of a parol gift from its owner, Farmer Smith, accompanied by a continuous, notorious, open, adverse, peaceable and exclusive possession for more than fifteen years. The appellants urge that appellees' possession of the land was merely permissive and that...

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