hostile claim in Kentucky

23 Kentucky opinions name it 3 courts 1914–2025 4 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
Ely v. Fusongreen kyctapphigh · 1944 · cited in 4 Kentucky opinions naming this issue, 1992–2025 2 sentences 2021We note, it is “the character of the property, its physical nature and the use to which it has been put, [that] determines the character of acts necessary to put the true owner on notice that a hostile claim is being asserted.” Ely v. Fuson, 297 Ky. 325 , 180 S.W.2d 90 , -9- 92 (1944). 2021We note, it is “the character of the property, its physical nature and the use to which it has been put, [that] determines the character of acts necessary to put the true owner on notice that a hostile claim is being asserted.” Ely v. Fuson, 297 Ky. 325 , 180 S.W.2d 90 , -9- 92 (1944).	1	4
McCoy v. Thompsongreen kyctapp · 1916 · cited in 2 Kentucky opinions naming this issue, 1942–2021 2 sentences 2021McCoy v. Thompson, 172 Ky. 794 , 189 S.W. 1139, 1141 (1916) (“to constitute adverse possession there must be such open and notorious acts of physical possession as would put the owner of the land-- assuming him to be a person of ordinary prudence and diligence in looking after his estate--upon notice that a hostile claim was asserted to his property.” (emphasis added)). 2021McCoy v. Thompson, 172 Ky. 794 , 189 S.W. 1139, 1141 (1916) (“to constitute adverse possession there must be such open and notorious acts of physical possession as would put the owner of the land-- assuming him to be a person of ordinary prudence and diligence in looking after his estate--upon notice that a hostile claim was asserted to his property.” (emphasis added)).	1	2
Phillips v. Akersgreen kyctapp · 2003 · cited in 1 Kentucky opinions naming this issue, 2025–2025 1 sentence 2025Ely v. Fuson, 180 S.W.2d 90, 92 (Ky. 1944); Phillips v. Akers, 103 S.W.3d 705, 708 (Ky. App. 2002).	1	1
Vaughan v. Holderergreen kyctapp · 1975 · cited in 1 Kentucky opinions naming this issue, 2023–2023 1 sentence 2023In Vaughan v. Holderer, 531 S.W.2d 520, 522 (Ky. 1975), the Supreme Court of Kentucky found possession was not hostile because a fence between two lots did not cut off the true owner’s access to the property: The evidence of record does not show that appellee has ever occupied and possessed lot number seven in an open and hostile manner against the claim of all other persons.	1	1
Wells v. Wellsgreen kyctapp · 1961 · cited in 1 Kentucky opinions naming this issue, 1971–1971 1 sentence 1971See also Wells v. Wells, Ky., 346 S.W.2d 33 .	1	1
Travis v. Brucegreen kyctapp · 1916 · cited in 1 Kentucky opinions naming this issue, 1965–1965 2 sentences 1965Travis v. Bruce, 172 Ky. 390 , 189 S.W. 939, 943 (1912). 1965Travis v. Bruce, 172 Ky. 390 , 189 S.W. 939, 943 (1912).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (26)

Case	Cited	Years
Whitley County Land Co. v. Powers' Heirs green kyctapp · 1912 2 sentences 1937To that end there must have been such open and notorious acts of physical possession as would put the owner upon notice of the assertion of a hostile claim, Whitley County Land Co. v. Powers’ Heirs, 146 Ky. 801 , 144 S. W. 2 , and such possession must have been so continued as to furnish a cause of action every day during the whole period, Campbell v. Thomas, 9 B. 1937To that end there must have been such open and notorious acts of physical possession as would put the owner upon notice of the assertion of a hostile claim, Whitley County Land Co. v. Powers’ Heirs, 146 Ky. 801 , 144 S. W. 2 , and such possession must have been so continued as to furnish a cause of action every day during the whole period, Campbell v. Thomas, 9 B.	2	1918–1937
Brown v. White green kyctapp · 1913 2 sentences 1926“To the same effect see Interstate Investment Co. v. Bailey, 93 S. W. 578 , 29 Ky. Law Rep. 468 ; Krauth v. Hahn, 139 Ky. 612 , 65 S. W. 18 ; Brown v. White, 153 Ky. 452 , 156 S. W. 96 ; Le Moyne v. Litton, 159 Ky. 655 , 167 S. W. 912 .” 418 In the light of the foregoing, it is obvious that appellant did not sustain its plea of champerty and the court should not have submitted that issue to the jury at all. 1926“To the same effect see Interstate Investment Co. v. Bailey, 93 S. W. 578 , 29 Ky. Law Rep. 468 ; Krauth v. Hahn, 139 Ky. 612 , 65 S. W. 18 ; Brown v. White, 153 Ky. 452 , 156 S. W. 96 ; Le Moyne v. Litton, 159 Ky. 655 , 167 S. W. 912 .” 418 In the light of the foregoing, it is obvious that appellant did not sustain its plea of champerty and the court should not have submitted that issue to the jury at all.	2	1924–1926
Smith v. Chapman neutral kyctapp · 1914 2 sentences 1923Disconnected periods of occupancy when there is no obstacle such as here existed or occasional entries for purposes of pasture or cutting timber or cultivation will not be sufficient to answer the requirements of continuity: Smith v. Chapman, 160 Ky. 400 . 1916Disconnected periods of occupancy when there is no obstacle such as here existed or occasional entries for purposes of pasture or cutting timber or cultivation will not be sufficient to answer tbe requirements of continuity: Smith v. Chapman, 160 Ky. 400 .	2	1916–1923
Appalachian Regional Healthcare, Inc. v. Royal Crown Bottling Co. green ky · 1992 1 sentence 2021As to the argument that there was a gap in Detweiler’s adverse possession between 2007 and 2009, “the character of the property, its physical nature and the use to which it has been put, determine the character of the acts necessary to put the true owner on notice of the hostile claim.” Appalachian Regional Healthcare, 824 S.W.2d at 880 .	1	2021–2021
LeMoyne v. Litton neutral kyctapp · 1914 2 sentences 2010And, in Le Moyne v. Litton, 159 Ky. 652 , 167 S.W. 912 (1914), the question was presented as to what “established a well-marked or a well-defined boundary.” Id. at 913 . 2010And, in Le Moyne v. Litton, 159 Ky. 652 , 167 S.W. 912 (1914), the question was presented as to what "established a well-marked or a well-defined boundary." Id. at 913.	1	2010–2010
H. F. Davis & Co. v. Sizemore neutral kyctapp · 1918 2 sentences 1982Davis & Co. v. Sizemore, 182 Ky. 680 , 207 S.W. 16 (1918). 1982Davis & Co. v. Sizemore, 182 Ky. 680 , 207 S.W. 16 (1918).	1	1982–1982
Kentucky Union Company v. Hevner green kyctapphigh · 1924 2 sentences 1961If this assumption is correct the interrogatory is sufficient because, as was said in Kentucky Union Co. v. Hevner, 210 Ky. 121 , 275 S.W. 513, 516 , adverse possession under this statute' is not the same as under the statute of limitations, and: “It must be such actual adverse occupancy, contemporaneous with the deed sought to be evaded by it, as would have brought to the notice of an inquirer or intending purchaser the fact of the occupier’s hostile claim. 1961If this assumption is correct the interrogatory is sufficient because, as was said in Kentucky Union Co. v. Hevner, 210 Ky. 121 , 275 S.W. 513, 516 , adverse possession under this statute' is not the same as under the statute of limitations, and: “It must be such actual adverse occupancy, contemporaneous with the deed sought to be evaded by it, as would have brought to the notice of an inquirer or intending purchaser the fact of the occupier’s hostile claim.	1	1961–1961
Riley v. Jones green kyctapphigh · 1943 2 sentences 1944Britt v. Houser, 171 Ky. 494 , 188 S. W. 628 ; Combs v. Adams, 282 Ky. 629 , 139 S. W. (2d) 447 ; Riley v. Jones, 295 Ky. 389 , 174 S. W. (2d) 530 . 1944Britt v. Houser, 171 Ky. 494 , 188 S. W. 628 ; Combs v. Adams, 282 Ky. 629 , 139 S. W. (2d) 447 ; Riley v. Jones, 295 Ky. 389 , 174 S. W. (2d) 530 .	1	1944–1944
Combs v. Adams neutral kyctapphigh · 1940 2 sentences 1944Britt v. Houser, 171 Ky. 494 , 188 S. W. 628 ; Combs v. Adams, 282 Ky. 629 , 139 S. W. (2d) 447 ; Riley v. Jones, 295 Ky. 389 , 174 S. W. (2d) 530 . 1944Britt v. Houser, 171 Ky. 494 , 188 S. W. 628 ; Combs v. Adams, 282 Ky. 629 , 139 S. W. (2d) 447 ; Riley v. Jones, 295 Ky. 389 , 174 S. W. (2d) 530 .	1	1944–1944
Miller v. Cumberland Land Petroleum Co. neutral kyctapphigh · 1937 1 sentence 1944It was said in the Ahart opinion “there must have been such open and notorious acts of physical possession as would put the owner upon notice of the assertion of the hostile claim.” Practically the same language was used in Miller v. Cumberland Petroleum Co., 269 Ky. 525 , 108 S. W. 514 .	1	1944–1944
Hendrix College v. Arkansas Townsite Co. neutral ark · 1908 1 sentence 1944It was said in the Ahart opinion “there must have been such open and notorious acts of physical possession as would put the owner upon notice of the assertion of the hostile claim.” Practically the same language was used in Miller v. Cumberland Petroleum Co., 269 Ky. 525 , 108 S. W. 514 .	1	1944–1944
Britt v. Houser neutral kyctapp · 1916 1 sentence 1944Britt v. Houser, 171 Ky. 494 , 188 S. W. 628 ; Combs v. Adams, 282 Ky. 629 , 139 S. W. (2d) 447 ; Riley v. Jones, 295 Ky. 389 , 174 S. W. (2d) 530 .	1	1944–1944
Commonwealth v. Calloway neutral kyctapp · 1916 1 sentence 1944Britt v. Houser, 171 Ky. 494 , 188 S. W. 628 ; Combs v. Adams, 282 Ky. 629 , 139 S. W. (2d) 447 ; Riley v. Jones, 295 Ky. 389 , 174 S. W. (2d) 530 .	1	1944–1944
Whinery v. Crawford neutral kyctapphigh · 1938 2 sentences 1942Howard v. Turner, 287 Ky. 206 , 152 S. W. (2d) 589 ; Howard v. Carmichael, 237 Ky. 462 , 35 S. W. (2d) 852 ; Moore v. Pauley, 250 Ky. 156 , 61 S. W. (2d) 1106 ; Whinery v. Crawford, 273 Ky. 325 , 116 S. W. (2d) 631 . 1942Howard v. Turner, 287 Ky. 206 , 152 S. W. (2d) 589 ; Howard v. Carmichael, 237 Ky. 462 , 35 S. W. (2d) 852 ; Moore v. Pauley, 250 Ky. 156 , 61 S. W. (2d) 1106 ; Whinery v. Crawford, 273 Ky. 325 , 116 S. W. (2d) 631 .	1	1942–1942
Howard v. Turner green kyctapphigh · 1941 2 sentences 1942Howard v. Turner, 287 Ky. 206 , 152 S. W. (2d) 589 ; Howard v. Carmichael, 237 Ky. 462 , 35 S. W. (2d) 852 ; Moore v. Pauley, 250 Ky. 156 , 61 S. W. (2d) 1106 ; Whinery v. Crawford, 273 Ky. 325 , 116 S. W. (2d) 631 . 1942Howard v. Turner, 287 Ky. 206 , 152 S. W. (2d) 589 ; Howard v. Carmichael, 237 Ky. 462 , 35 S. W. (2d) 852 ; Moore v. Pauley, 250 Ky. 156 , 61 S. W. (2d) 1106 ; Whinery v. Crawford, 273 Ky. 325 , 116 S. W. (2d) 631 .	1	1942–1942
Moore v. Pauley neutral kyctapphigh · 1933 2 sentences 1942Howard v. Turner, 287 Ky. 206 , 152 S. W. (2d) 589 ; Howard v. Carmichael, 237 Ky. 462 , 35 S. W. (2d) 852 ; Moore v. Pauley, 250 Ky. 156 , 61 S. W. (2d) 1106 ; Whinery v. Crawford, 273 Ky. 325 , 116 S. W. (2d) 631 . 1942Howard v. Turner, 287 Ky. 206 , 152 S. W. (2d) 589 ; Howard v. Carmichael, 237 Ky. 462 , 35 S. W. (2d) 852 ; Moore v. Pauley, 250 Ky. 156 , 61 S. W. (2d) 1106 ; Whinery v. Crawford, 273 Ky. 325 , 116 S. W. (2d) 631 .	1	1942–1942
Howard v. Carmichael neutral kyctapphigh · 1931 2 sentences 1942Howard v. Turner, 287 Ky. 206 , 152 S. W. (2d) 589 ; Howard v. Carmichael, 237 Ky. 462 , 35 S. W. (2d) 852 ; Moore v. Pauley, 250 Ky. 156 , 61 S. W. (2d) 1106 ; Whinery v. Crawford, 273 Ky. 325 , 116 S. W. (2d) 631 . 1942Howard v. Turner, 287 Ky. 206 , 152 S. W. (2d) 589 ; Howard v. Carmichael, 237 Ky. 462 , 35 S. W. (2d) 852 ; Moore v. Pauley, 250 Ky. 156 , 61 S. W. (2d) 1106 ; Whinery v. Crawford, 273 Ky. 325 , 116 S. W. (2d) 631 .	1	1942–1942
Campbell v. Thomas neutral kyctapp · 1848 1 sentence 1937To that end there must have been such open and notorious acts of physical possession as would put the owner upon notice of the assertion of a hostile claim, Whitley County Land Co. v. Powers’ Heirs, 146 Ky. 801 , 144 S. W. 2 , and such possession must have been so continued as to furnish a cause of action every day during the whole period, Campbell v. Thomas, 9 B.	1	1937–1937
Cox v. Colossal Cavern Company green kyctapphigh · 1925 2 sentences 1936“And: ‘For one to simply make claim by his thoughts to a body of land, which has no other boundary than natural water courses, natural stones, bluffs, cliffs, gaps in cliffs, and mountains, * * * would not give notice to the owner nor any one else of the. claimant’s intentions.’ ” That was quoted with approval in Cox v. Colossal Cavern Co., 210 Ky. 612 , 276 S. W. 540, 544 . 1936“And: ‘For one to simply make claim by his thoughts to a body of land, which has no other boundary than natural water courses, natural stones, bluffs, cliffs, gaps in cliffs, and mountains, * * * would not give notice to the owner nor any one else of the. claimant’s intentions.’ ” That was quoted with approval in Cox v. Colossal Cavern Co., 210 Ky. 612 , 276 S. W. 540, 544 .	1	1936–1936
Noe v. Russell green kyctapphigh · 1926 2 sentences 1932Noe v. Russell, 213 Ky. 746 , 281 S. W. 1033 ; Prewitt v. Bull, 234 Ky. 18 , 27 S. W. (2d) 399 . 1932Noe v. Russell, 213 Ky. 746 , 281 S. W. 1033 ; Prewitt v. Bull, 234 Ky. 18 , 27 S. W. (2d) 399 .	1	1932–1932
Prewitt v. Bull green kyctapphigh · 1930 2 sentences 1932Noe v. Russell, 213 Ky. 746 , 281 S. W. 1033 ; Prewitt v. Bull, 234 Ky. 18 , 27 S. W. (2d) 399 . 1932Noe v. Russell, 213 Ky. 746 , 281 S. W. 1033 ; Prewitt v. Bull, 234 Ky. 18 , 27 S. W. (2d) 399 .	1	1932–1932
Krauth v. Hahn neutral kyctapp · 1901 1 sentence 1926“To the same effect see Interstate Investment Co. v. Bailey, 93 S. W. 578 , 29 Ky. Law Rep. 468 ; Krauth v. Hahn, 139 Ky. 612 , 65 S. W. 18 ; Brown v. White, 153 Ky. 452 , 156 S. W. 96 ; Le Moyne v. Litton, 159 Ky. 655 , 167 S. W. 912 .” *418 In the light of the foregoing, it is obvious that appellant did not sustain its plea of champerty and the court should not have submitted that issue to the jury at all.	1	1926–1926
Thruston v. Masterson neutral kyctapp · 1839 1 sentence 1925“And for one to simply make claim by his thought to a body of land, which has no other boundary than natural water courses, natural stones, bluffs, cliffs, gaps in cliffs, and mountains, as is undertaken to be done for Andrew Boyatt, would not give notice to the owner, nor any one else, of the claimant’s intentions. ’ ’ Going back to some of the earlier cases, we find in Thurston v. Masterson, 9 Dana 228 , the following: “There must be some distinct and notorious act of assertion of right under it.” In the case of Buford v. Cox, 5 J.	1	1925–1925
Tippenhauer v. Tippenhauer green kyctapp · 1914 1 sentence 1917Alexander, was of the character first mentioned in the above paragraph quoted from the opinion in Tippenhauer v. Tippenhauer, supra. That is, that it was, from the time of her entry upon the land, adverse to the appellant, who made a parol exchange of the land to her mother for the tract on Little Run creek, and also adverse to her mother, from whom she received the land by parol gift; and furthermore, that the statute of limitations then began to run, and, as her possession had continued for more than fifteen years before her death, her title to the land had become perfect before the happenin	1	1917–1917
Chambers v. Pleak neutral kyctapp · 1838	1	1914–1914
Morton v. Lawson neutral kyctapp · 1840	1	1914–1914

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 372.070 (3) KY § Ky. Rev. Stat. § 413.010 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 96 (1912–2026) NY 44 (1878–2025) AL 25 (1883–2025) KY 23 (1914–2025) CA 19 (1888–2026) MO 18 (1907–2019) AR 15 (1915–2025) MI 14 (1911–2025) MT 11 (1926–2007) TN 8 (1950–2024) MD 7 (1970–2024) MS 7 (1905–1981) WY 7 (1995–2023) IA 6 (1916–2017) WI 6 (1898–2014) ND 5 (1909–2018) WV 5 (1908–1971) VA 4 (1919–1998) NC 3 (1924–1969) HI 3 (1937–2013) PA 3 (1924–1974) MN 3 (1949–1994) RI 3 (2001–2014) VI 3 (2000–2012) ME 2 (1997–2002) OH 2 (1961–2008) KS 2 (1910–2015) OK 2 (1940–1980) NE 2 (1912–1938) CO 2 (1975–2008) NV 2 (1992–2022) OR 2 (1912–1980) IL 2 (1958–1976) GA 2 (1936–1954) WA 2 (1957–1978)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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