Legal Opinion

Blanchard v. Taylor's Heirs

Court of Appeals of Kentucky

Decided October 4, 1847PublishedCited by 4 opinions

Appeal from the Mason Circuit. Chancery. Case 155. Case staged. Decree of the Circuit Court. “Caroline, June Court,, 1793. This deed was aehnowledged and ordered to be recorded. — Test, W. N. — Tritely ecorded, Test, J. P., D C.’.’— Held not to be sufficient evidence ol an aclinowledgment of the deed before a Comí of law of the county in which the grantor dwelt, nor is there any thing to show that such is “the usual manner ofaulhenticating such acts,’’ and there is no seal.

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Appeal from the Mason Circuit. Chancery. Case 155. Case staged. Decree of the Circuit Court. “Caroline, June Court,, 1793. This deed was aehnowledged and ordered to be recorded. — Test, W. N. — Tritely ecorded, Test, J. P., D C.’.’— Held not to be sufficient evidence ol an aclinowledgment of the deed before a Comí of law of the county in which the grantor dwelt, nor is there any thing to show that such is “the usual manner ofaulhenticating such acts,’’ and there is no seal. The right and interest of a cestui que truslin land, is subject to sale under execution since 1796, and the legal title…

1Opinion of the Court

Judge Bkeck

delivered the opinion of the Oourt.

In 1786, a grant issued from the Commonwealth of Virginia to Anthony Thornton for thirty three thousand seven hundred and fifty acres of land, lying in the present counties of Mason, Nicholas and Bracken. In 1793, Thornton conveyed 11,775 acres of this land to Richard Taylor, attorney for Philip Buckner. The consideration of this conveyance, appears from the recitals in the deed, to have been an obligation from the patentee to the locator, which Buckner held as assignee.

In 1795, Buckner conveyed 7,180 acres, part of the 11,775, to Baldwin B.…

2Cases cited2 opinions

  1. Eastland v. JordanCourt of Appeals of Kentucky · 1813
  2. Wright v. WrightCourt of Appeals of Kentucky · 1822

3Cited by4 opinions

  1. Anderson v. BriscoeCourt of Appeals of Kentucky · 1876
  2. Hazlett v. Chase Home Finance, LLC (In Re Nowak)United States Bankruptcy Court, S.D. Ohio · 2009
  3. Evans v. WheelerCourt of Appeals of Kentucky (pre-1976) · 1925
  4. Hardenburgh v. BlairNew Jersey Court of Chancery · 1878

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