Sutton v. Menser
Court of Appeals of Kentucky
Appeal from the Hopkins Circuit. Ejectment. Case 91. The case stated, Instructions given and refused by the Circuit Court. Instructions tho’ hypothetical and correct in the abstract, should not be given by the Court without evidence oondueing to prove the proposition supposed. which had been previously redeemed and (he inslalnrentspaid.
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Appeal from the Hopkins Circuit. Ejectment. Case 91. The case stated, Instructions given and refused by the Circuit Court. Instructions tho’ hypothetical and correct in the abstract, should not be given by the Court without evidence oondueing to prove the proposition supposed. which had been previously redeemed and (he inslalnrentspaid. Under the statute of 1814 and 1815, and subsequent statutes, allowing ¡redemption of lands forfeited for non-payment of the instalments due Ihereon, no redemption could take place by one not an actual seller, so as to interfere with an actual settler claiming…
1Opinion of the CourtChief Justice Ewihh
delivered Hie opinion of the Court.
Sutton as lessor of the plaintiff, brought an action of ejectment against Menser, on the trial of which under the instructions of the Court asked by the defendant’s counsel, and the refusal of instructions asked by the lessor, the jury found a verdict for the defendant, and the lessor has appealed to this Court.
The lessor claims under a patent issued the 12th of March, 1840,. founded on a commissioners certificate, issued in 1798, and surveyed the 3d of February, 1801.
The defendant claims under a patent bearing date the 12th of November 1817, founded on a…
2Cases cited1 opinion
- Dallam v. HandleyCourt of Appeals of Kentucky · 1820
3Cited by1 opinion
- Bevins v. CollinsworthCourt of Appeals of Kentucky · 1911