Tennis Coal Co. v. Sackett

Opinion of the Court by

Judge Hurt

Affirming upon the original appeal and reversing upon cross-appeal.

Based upon surveys made on the 24th, 25th, 26th, 27th, 28th and 30th days of June, and 1st, 2nd, 3rd and 4th days of July, 1873, a patent was granted to C. O. Lockard, on the 4th day of November, 1873, for 78,262 acres of land, in what was then Harlan county, but now in Harlan and Leslie counties. That patent, by its terms, excluded from the grant 32,147 acres of land, which had been previously patented, the names of the patentees of which were not given, and in addition thereto' 5,675 acres of…