Nickels v. Commonwealth
Court of Appeals of Kentucky
CASH 8. — PROCEEDING BY THE COMMONWEALTH OP KENTUCKY AGAINST W. H. NICKELS AND OTHERS TO VACATE A PATENT FOR 34,800 ACRES OP LAND OBTAINED PROM THE LETCHER COUNTY COURT ON FEBRUARY 28, 1874. Appeal from Letcher Circuit Court. Judgment for the plaintiff. Defendant appeals. 1. The patent under which appellants Altemus, McGeorge and Pepper claim cannot be impeached by evidence de hors the patent; they being bona fide purchasers for valuable consideration from the patentee.
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CASH 8. — PROCEEDING BY THE COMMONWEALTH OP KENTUCKY AGAINST W. H. NICKELS AND OTHERS TO VACATE A PATENT FOR 34,800 ACRES OP LAND OBTAINED PROM THE LETCHER COUNTY COURT ON FEBRUARY 28, 1874. Appeal from Letcher Circuit Court. Judgment for the plaintiff. Defendant appeals. 1. The patent under which appellants Altemus, McGeorge and Pepper claim cannot be impeached by evidence de hors the patent; they being bona fide purchasers for valuable consideration from the patentee. (Dembitz on Land Title, vol. 1, 503.) 2. The prtent sought to be vacated is well defined, accurately surveyed, certain as…
1Opinion of the Court
*77Opinion op the Court by
Judge Hobson
Rever sing.
On February 28, 1874, the Commonwealth of Kentucky issued to W. H. Nickels a patent for 34,800 acres of land by virtue of a survey of the land made by Nickels on May 16, 1873. The patent was based on 174 warrants of two' hundred acres each obtained by the patentee from the Letcher county court and for which he paid the price fixed by law. A portion of the boundary lines of the survey were established by marked trees plainly marked; the beginning point of the patent is at a point then well known by the citizens of the county and was well described…
2Cases cited6 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- American Ass'n v. InnisCourt of Appeals of Kentucky · 1901
- Hall v. MartinCourt of Appeals of Kentucky · 1889
- Mansell's administrator v. IsraelCourt of Appeals of Kentucky · 1814
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- Lockard v. Asher Lumber Co.Court of Appeals for the Sixth Circuit · 1904
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