Helton v. Asher
Court of Appeals of Kentucky
Case 98 — PETITION ORDINARY 'APPEAL PROM HARLAN CIRCUIT COURT. 1. The evidence of Parks B. Howard as to the alleged conversation with Robert Helton, deceased, was incompetent. Civil Code, sec. 606, sub-sections 2 to 6. 2. The so-called deed relied on by appellees is neither sealed nor signed, and is therefore no deed, and passed no title from Robert Helton. Ky.
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Case 98 — PETITION ORDINARY 'APPEAL PROM HARLAN CIRCUIT COURT. 1. The evidence of Parks B. Howard as to the alleged conversation with Robert Helton, deceased, was incompetent. Civil Code, sec. 606, sub-sections 2 to 6. 2. The so-called deed relied on by appellees is neither sealed nor signed, and is therefore no deed, and passed no title from Robert Helton. Ky. Statutes, chap. 27, sec. 470; Washburn on Real Property, vol. 3, chap. 4, sec. 2, pages 285 and 286; Plummer v„ Russell, 2 Bibb, 174; Chiles t. Conelly, 2 Dana,. 21; Taylor v. Morton, 5 Dana, 365. 3. The clerk’s certificate to the…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
In 1845 there was issued to Robert Helton a patent for 450 acres of land on Straight Creek, Harlan county, Ky. The patentee was the ancestor of the appellants. He died in 1883 or 1884. The appellants claim that they inherited the land from their father and seek to recover damages for alleged trespass upon it. The appellee, Parks B. Howard, claims the land and the appellee, Asher, claims certain timber on it, under a contract with Howard. It is conceded that Robert Helton acquired title to the land by virtue of his patent from the Commonwealth of…
2Cited by6 opinions
- Limbach v. BolinCourt of Appeals of Kentucky · 1916
- Rh Kyle Furniture Company v. Russell Dry Goods CompanyCourt of Appeals of Kentucky (pre-1976) · 1960
- Huber v. JohnsonCourt of Appeals of Kentucky · 1917
- Slater v. HatfieldCourt of Appeals of Kentucky · 1922
- Kennedy v. CusterCourt of Appeals for the Eighth Circuit · 1909
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