NEWSPAPERS: McMillen vs Butler, Oct 27, 1887, Mason Co., KY

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Submitted by: Jan Gillespie (gillespie1949@yahoo.com) Date: 31 Dec 1999
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Typed as printed in the Maysville Eagle, October 27, 1887 - Maysville, Mason Co.,
Kentucky

The case of McMillen against Butler, which has been pending in the Circuit Court for
several years, was tried this week, the jury rendering a verdict in favor of the
Plaintiff.  It is a case of more than ordinary interest, involving the question of
title to real estate by adverse possession.  The facts were about as follows:

Benjamin Clark died in 1816 owning a considerable body of land in Mason and Fleming
counties which was, after his death, divided amongst his children, six in number.
After this division was made his son-in-law, Dr. A. F. McMillen who then resided in
Harrison County, sold, by title bond, the portion of land  that had been allotted to
his wife, Mary McMillen, to Walter Lacy., who had also married one of the daughters of
Clarke.  The title bond was dated February 28, 1817, and immediately thereafter Lacy
took possession under it and he and his children and grandchildren have held
possession of it ever since.  No deed was however, ever made to him, as his wife in
whom the title was died in 1819, before the purchase money had been all paid.

In 1881 John L. McMillen, a son of Dr. McMillen, brought a suit against Andrew Butler
and others for about thirty-five acres of this land.  Butler was holding it at the
time as tenant of Walter Whitaker and his sister, Mrs. Frances Snyder, both of Boone
County, Ky. and both grandchildren of Walter Lacy. These two were  the real parties
defending the suit. Their defense to McMillen's claim was the long-continued
possession of the land by themselves and those from who they  claimed which commenced
in 1817 and has continued to the present, a period of seventy years.  Mr. McMillen
claimed that his right to recover the land was not barred by limitation, on the ground
that as long as Dr. McMillen lived his vendee had a right to the possession of the
land and that the right of the heirs of Mary McMillen did not accrue until after the
termination of that outstanding life estate.

The case was tried during the present week, as was stated above, in our Circuit Court,
the trial commencing on Monday and terminating on Wednesday, by a verdict in favor of
plaintiff, McMillen.

Wadsworth and Son and Wall and Worthington represented the plaintiff, and Cochran and
Son and James Barbour were attorneys for the defendants.