North Jellico Coal Co. v. Helton

Opinion of the Court by

Judge Thomas

Reversing.

On December 23, 1889, tbe appellee (plaintiff) procured a patent for thirty acres o‘f land' in Knox county, Kentucky, which was based. on a survey, made Decern*336ber 8, 1887. Prior to that time plaintiff’s brother, G. W. Helton, had, on May 20, 1887, procured a survey for twenty-one acres of land located in the same county upon which there was issued to him a patent on May 31,1888. The fifth corner of plaintiff’s patent is Devil’s G-'ap, the location of which is well known in that community, and the fourth corner of his survey and patent is a red oak,…