Robinson v. Huffman

1 Citing case

  1. Spencer v. Turner Elkhorn Coal Company

    288 S.W. 1037 (Ky. Ct. App. 1926)   Cited 1 times

    In view of the custom of parents to place their children on different portions of their lands, and to permit them to cultivate such portions for their support, the presumption, in the absence of evidence of a parol gift, is that the possession was amicable, and will not be held to be adverse unless clear notice of the child's intention to assert an exclusive ownership in the land is brought home to the parents. Butler v. Butler, 133 Ala. 377, 32 So. 579; Wells v. Head, 12 B. Mon. 166; Ward v. Edge, 100 Ky. 757, 39 S.W. 440; Robinson v. Huffman, 113 S.W. 458; 2 C. J. 158. Here the evidence is conflicting as to whether Mrs. Spencer was in the exclusive possession of the land. While there is evidence that she claimed the land, it does not appear that this claim was brought home either to her parents or to her brothers.