Daniel v. New Era Land Co.
Court of Appeals of Kentucky
CASE 65— SUIT BY NEW ERA LAND COMPANY AGAINST G. W. DANIEL. — R. L. .Stout, Judge. Appeal from Franklin Circuit Court. Judgment for plaintiff, defendant appeals. —
1Opinion of the Court
Opinion op the Court by
Judge Hobson
— Reversing.
On August 7, 1907, Gr. W. Daniel’obtained in tlie Owsley county court a land warrant for 100 acres of land. He had the land surveyed on November lltli, and on December 14th he filed copy of the survey with F. P. James, Auditor of Public Accounts, and applied for a patent. Before the patent was issued, this suit was brought by the New Era Land Com*537pany against Daniel and James, as Auditor, enjoining James from issuing the patent to Daniel. It was alleged in the petition that no part of the land so surveyed by Daniel was vacant or unappropriated;…
2Cases cited5 opinions
- Creech v. JohnsonCourt of Appeals of Kentucky · 1903
- Hogg v. LuskCourt of Appeals of Kentucky · 1905
- Preston v. PrestonCourt of Appeals of Kentucky · 1887
- Asher v. UhlCourt of Appeals of Kentucky · 1906
- Alexander v. NolandCourt of Appeals of Kentucky · 1889
3Cited by5 opinions
- Rock Creek Property Co. v. HillCourt of Appeals of Kentucky · 1915
- Albertson v. Chicago Veneer Co.Court of Appeals of Kentucky · 1917
- New Era Land Co. v. ChildsCourt of Appeals of Kentucky · 1914
- Asher v. Fordson Coal CompanyCourt of Appeals of Kentucky (pre-1976) · 1933
- Burchett v. RoopCourt of Appeals of Kentucky (pre-1976) · 1926