Citation Numbers: 4 Ky. Op. 151
Judges: Hardin
Filed Date: 11/2/1870
Status: Precedential
Modified Date: 7/24/2022
Opinion oe the Court by
This appeal is prosecuted for the reversal of a judgment of eviction in an ordinary action for the recovery of a lot in the city of Oolunibus. The appellees, on the trial, sought to establish their title by proof of -a continuous adverse possession of the lot by them
Undoubtedly some proof identifying Walker as one of the plaintiffs, or of those under whom they claimed, was necessary to render the answer admissible; but as slight evidence of that fact was prima facie sufficient, we think the presumption of identity arising from the coincidence of names, in the absence of any evidence to repel it, was sufficient for that purpose, and the court properly so ruled. (1 Greenleaf on Evidence, section 512.)
We perceive no error in the action of the court, either in instructing the jury or overruling the motion for a new trial.
Wherefore, the judgment is affirmed.