Taylor v. Fletcher
Court of Appeals of Kentucky
Appeal prom the Ballard Circuit. Ejectment. Case 23. Case stated and judgment of the Circuit Court. The general rule is that a patent may not be impeached eollaterally by axlrinsic evidence de hors the patent itself. (4 Bibb, 330,) cited and approved. There are exceptions to the general rule. 1st. Where the Legislature has declared that the patent shall be void if issued in contravention of a described state of case And 2d.
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Appeal prom the Ballard Circuit. Ejectment. Case 23. Case stated and judgment of the Circuit Court. The general rule is that a patent may not be impeached eollaterally by axlrinsic evidence de hors the patent itself. (4 Bibb, 330,) cited and approved. There are exceptions to the general rule. 1st. Where the Legislature has declared that the patent shall be void if issued in contravention of a described state of case And 2d. Where they have declared the patent shall be deemed fraudulent if issued under similar circumstances, (2 Marshall-, 6 B. Monroe, 433.) Patents issued upon Kentucky land…
1Opinion of the CourtChief Justice Ewing
Robert Fletohfr, claiming under four patents for 160 acres each, issued in September. 1835, on four entries, made in the Receiver’s office, under the laws enacted for *81the appropriation of the vacant lands on the south west side of the Tennessee river, brought an action of ejectment against Read and others, who were, and had been for some years, occupants upon the land claimed under a patent to Win. Croghan, for 1,3-665 acres, bearing date the 30th November, 1826, founded on a survey made on the 9th December, 1826, by virtue of an entry made on a military warrant, on the 7th of August, 1784.…
2Cases cited1 opinion
- Duncan v. PindellCourt of Appeals of Kentucky · 1816
3Cited by8 opinions
- Payne Butler v. Providence Gas CompanySupreme Court of Rhode Island · 1910
- Miller v. Breathitt Coal, Iron & Lumber Co.Court of Appeals of Kentucky · 1913
- Commonwealth ex rel. Bryant v. JamesCourt of Appeals of Kentucky · 1910
- McMillan's heirs v. HutchesonCourt of Appeals of Kentucky · 1868
- Collins v. FlynnCourt of Appeals of Kentucky · 1913
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