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COMMONWEALTH, DEPARTMENT OF PARKS v. STEPHENS

407 S.W.2d 711 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF PARKS, Appellant, v. Morris STEPHENS et al., Appellees.

Court of Appeals of Kentucky.

October 28, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., Joseph H. Eckert, Asst. Atty. Gen., Frankfort, for appellant.

Homer Ramsey, Whitley City, J. B. Johnson, Sr., J. B. Johnson, Jr., Williamsburg, for appellees.

CLAY, Commissioner.

This suit was brought by the Commonwealth to quiet title to a two-acre tract of land adjoining certain property it owns near Cumberland Falls. It developed that appellees hold the record title to this land, so the claim of the Commonwealth was based solely upon adverse possession for a period of 15 years. The Chancellor determined (1) the Commonwealth could not acquire title by adverse possession, and (2) the required elements of adverse possession...

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