Legal Opinion

Elliott v. Harris

Court of Appeals of Kentucky

Decided December 13, 1883PublishedCited by 6 opinions

Case 74 — EQUITY APPEAL FROM FLOYD CIRCUIT COURT. Tlie averments of the petition for a new trial are that the record of deeds in Eloyd county, and indexes thereto, were so mutilated, torn, and disfigured, that no reasonable amount of diligence could have discovered the deed which was necessary to make out the title. "Without indexes no deed could be found by any reasonable diligence. The court erred in dismissing the petition for a new trial.

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Case 74 — EQUITY APPEAL FROM FLOYD CIRCUIT COURT. Tlie averments of the petition for a new trial are that the record of deeds in Eloyd county, and indexes thereto, were so mutilated, torn, and disfigured, that no reasonable amount of diligence could have discovered the deed which was necessary to make out the title. "Without indexes no deed could be found by any reasonable diligence. The court erred in dismissing the petition for a new trial. (Allen v. Perry, G Bush, 91; 7 B. Mon., 123; Repperdon v. Scott, 7 A. II. Mar., 152; Hayes v. Price, 4 Dana, 81; Denny v. Wiekliffe, 1 Met., 224.) 1.…

1Opinion of the Court

CHIEE JUSTICE HARGIS

delivered the opinion or the court.

Wm. M. Smith, at the time of his death, owned the land described in this controversy. His only children and heirs were James M. Smith, John W. Smith, and the appellant, Mrs. Susan J. Elliott.

On the 2d day of March, 1854, John W. Smith conveyed his interest in the land to his brother, James M. Smith, the deed reciting at its close these words: “I have, together with Jane Smith, my wife, hereto set my hand and seal;” but it was signed alone by him. It was recorded the day of its date, March 10th, 1856. James M. Smith, with the consent of…

2Cited by6 opinions

  1. Smith v. ChapmanCourt of Appeals of Kentucky · 1913
  2. Seat v. Louisville & Jefferson County Land Co.Court of Appeals of Kentucky (pre-1976) · 1927
  3. Davidson v. Kentucky Coal Lands Co.Court of Appeals of Kentucky · 1918
  4. Louisville & Nashville R. R. v. Paynter's Admx.Court of Appeals of Kentucky · 1907
  5. Gill v. FugateCourt of Appeals of Kentucky · 1904

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