Taylor v. Bate
Court of Appeals of Kentucky
Chancery. Froj] the Circuit Court for Jefferson County. Facts of [he eagB. The pleadings. Decree and apt peal. as having been A caveat filed in 1785, never tried, and the last order a continuance —in 1795—af-tei‘ the plaintiff was dead: the case may be regarded—after 20 years or more, having then (in ’95) terminated or abandoned, and a bond for a conveyance, to be made when the suit was ended, as then due, Suits in chancery are not embraced in express terms, by the statutes…
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Chancery. Froj] the Circuit Court for Jefferson County. Facts of [he eagB. The pleadings. Decree and apt peal. as having been A caveat filed in 1785, never tried, and the last order a continuance —in 1795—af-tei‘ the plaintiff was dead: the case may be regarded—after 20 years or more, having then (in ’95) terminated or abandoned, and a bond for a conveyance, to be made when the suit was ended, as then due, Suits in chancery are not embraced in express terms, by the statutes of limitations; Jyet they are, in general, held to be barred by the same lapse of time, that would bar a suit at [aw for…
1Opinion of the Court
Judge Ewing
delivered the opinion of the Court.
On the 19th of January, 1785, William Fleming entered a caveat, to prevent the issuing of a patent to Isaac Hite, for four hundred acres of land, on Goose, creek, bet cause of its interference with a thousand acre survey paade on the 9th of February, 1783, and patented 20th of April 1784, to said Fleming,
On the 28th of June, 1788, William Fleming acknowledged the receipt from David Ross of eight pounds towards defraying the expenses incurred in surveying and obtaining a grant for the land in dispute with Hite, and towards paying the expenses of…
2Cited by2 opinions
- Fowler v. PolingNew York Supreme Court · 1849
- Shaddock v. Town of CliftonWisconsin Supreme Court · 1867