Young v. Adams

This action involves title to one acre of mountain land in Perry County. Appellant's petition, asserting ownership and seeking possession, was dismissed, and she appeals. Appellant originally purchased a 200-acre tract of land from H. C. Fields on March 18, 1929. That deed excepted two acres, one acre of which is the land in controversy. It later developed that Fields had title to only the surface of the land which he conveyed, and a rescission of the deed was adjudged in an action which reached this Court. Fields v. Cornett, 254 Ky. 35, 70 S.W.2d 954. After the judgment in that case, appellant reconveyed the land to H. C. Fields, who in turn conveyed to his daughter, Orpha Moore. The latter deed contained no exception and specifically provided that the tract excepted in the deed from Fields to appellant was included. Appellant subsequently purchased a part of the original boundary from Orpha Moore, and this includes the land now in dispute.