Morgan v. Renfro
Court of Appeals of Kentucky
CASE 40 — ACTION BETWEEN FELIX G. MORGAN AND OTHERS AND C. G. RENFRO INVOLVING THE LOCATION OF A TRACT OF LAND IN CONTROVERSY. Appeal from Leslie Circuit Court. PI. C. Faulkner, Circuit Judge. From the judgment plaintiffs appeal. CONTENTIONS — AUTHORITIES. Where one or more corners of a survey are lost, they must be located by running the lines from the nearest known and established corners until they intersect. The point of intersection will be the corner desired.
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CASE 40 — ACTION BETWEEN FELIX G. MORGAN AND OTHERS AND C. G. RENFRO INVOLVING THE LOCATION OF A TRACT OF LAND IN CONTROVERSY. Appeal from Leslie Circuit Court. PI. C. Faulkner, Circuit Judge. From the judgment plaintiffs appeal. CONTENTIONS — AUTHORITIES. Where one or more corners of a survey are lost, they must be located by running the lines from the nearest known and established corners until they intersect. The point of intersection will be the corner desired. (a) Adjudicated cases in point: (Beckley v. Bryan, et al., Sneed, 91-96; Wishart v. Cosby, 1 A. K. M., 382.) (b) Case not in…
1Opinion of the Court
Opinion op the Court by
Chiep Justice
O’Rear— Reversing.
The question for decision on this appeal is the correct location of a line of a survey of 100 acres of land made by Chastain & Waggoner in Clay county (now Leslie), March 13,1870, on which a patent was issued to them. The controversy arises upon a conflict between this patent and one issued in 1884 to F. G. Morgan. Under the statute, the junior patent, to the extent of the conflict, is void. The question for decision is one of law, as there is no controverted fact in the case before us. To a clear understanding of the point decided, and of…
2Cases cited1 opinion
- Harris v. LavinCourt of Appeals of Kentucky · 1884
3Cited by15 opinions
- Brown v. WhiteCourt of Appeals of Kentucky · 1913
- Rowe v. HillCourt of Appeals for the Sixth Circuit · 1914
- Combs v. ValentineCourt of Appeals of Kentucky · 1911
- Louisville Property Co. v. LawsonCourt of Appeals of Kentucky · 1913
- Fordson Coal Company v. Potter's ExecutorsCourt of Appeals of Kentucky (pre-1976) · 1931
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