Recent Important Decisions

Adverse Possession – Color of Title – Deed Color of Title Although Known not to Convey Title – In a suit for trespass the land which the plaintiff claimed to own was in part occupied by plaintiff’s church building and the adjoining lot was used by the members of the church for hitching iheir horses and for picnics, etc. Both tracts had been so used by the plaintiff for twenty-five years or more. The land was conveyed by A to plaintiff, by deed recorded, describing the land purported to be conveyed. The defendant claimed that the deed did not operate as “color of title” because the plaintiff knew that the title was not in A and because the deed was executed after the church had taken possession of the land. Held, one justice dissenting, defendant liable, as the deed to plaintiff was sufficient to corstitute “color of title.” Shutt et al. v. Methodist Episcopal Church (Ky. 19W)), 2r8 S. W. 2020.