Swango v. Kentucky Coal & Timber Development Co.

Opinion of the Court by

Turner, Commissioner

Reversing.

In May, 1867, M. J. Amyx obtained from the Com- ' monwealth a patent for 200 acres of land in Breathitt county. The land lies on the headwaters of some small branches of main Quicksand.

In June, 1868, Amyx sold and by general warranty deed conveyed the same to R. T. Smith, and Smith in August of that year had the same recorded in the county court clerk’s office. In 1873 the courthouse of Breathitt county, including the county clerk’s office, was destroyed by fire, as was the record of Smith’s deed.

In the latter ’70’s or the earlier ’80’s M.…