Hogg v. Lusk
Court of Appeals of Kentucky
Case 53. — ACTION BY JOHN W. LUSK AGAINST GIDEON HOGG, INVOLVING THE LOCATION OF A BOUNDARY LINE OF A TRACT OF LAND. Appeal from Letcher Circuit Court. M. J. Moss, Circuit Judge. Judgment for plaintiff. Defendant appeals.
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Case 53. — ACTION BY JOHN W. LUSK AGAINST GIDEON HOGG, INVOLVING THE LOCATION OF A BOUNDARY LINE OF A TRACT OF LAND. Appeal from Letcher Circuit Court. M. J. Moss, Circuit Judge. Judgment for plaintiff. Defendant appeals. Our contention is that the original plat is the highest character of evidence that can he used to show that a line has been omitted from a patent, or to correct any other that may he apparent in the face of the patent; and when a patent shows its own failure to close, the court will then look to the best evidence obtaina/ble to effectually and properly close it, that the…
1Opinion of the Court
Opinion by
Judge Barker
Reversing.
This controversy arose from a dispute as to the title of land, and depends for a,judication upon the validity of a patent for 400 acres issued to Allen Christian in 1844. In 1850 a patent was issued to the appellee, John W. Lusk, for 800 acres. Both of these grants are in Perry county, Kentucky, and *421are situated near' each other. The question is, do they lap? If so, the land within the interference belongs to appellant, as the remote vendee of Allen Christian, the patentee of the elder grant. The land involved is uninclosed and unoccupied, and no title by…
2Cases cited4 opinions
- Palms v. Shawano CountyWisconsin Supreme Court · 1884
- Zimmerman v. BrooksCourt of Appeals of Kentucky · 1904
- Creech v. JohnsonCourt of Appeals of Kentucky · 1903
- Rabun County v. Habersham CountySupreme Court of Georgia · 1888
3Cited by11 opinions
- Carter v. Elk Coal Co.Court of Appeals of Kentucky · 1917
- Albertson v. Chicago Veneer Co.Court of Appeals of Kentucky · 1917
- Combs v. JonesCourt of Appeals of Kentucky (pre-1976) · 1932
- Kentucky Union Co. v. ShepherdCourt of Appeals of Kentucky · 1921
- Louisville Property Co. v. RoseCourt of Appeals of Kentucky · 1919
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