Davidson v. Morrison
Court of Appeals of Kentucky
Case 56 — PETITION EQUITY APPEAL FROM LIVINGSTON CIRCUIT COURT. 1. A person will be presumed to be dead after seven years from the time he was last shown to have been alive, and after a long lapse of time without proof of heirs he will be presumed to have left none.
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Case 56 — PETITION EQUITY APPEAL FROM LIVINGSTON CIRCUIT COURT. 1. A person will be presumed to be dead after seven years from the time he was last shown to have been alive, and after a long lapse of time without proof of heirs he will be presumed to have left none. (4 Bush, 31; Greenleaf on Bv., vol'. 2, sec. 355.) 2. A deed over thirty years old and in possession of party claiming under it is evidence of its own execution, and evidence of title though no-possession held under it. (Greenleaf on Ev., vol. 1, sec. 21; Harland v. Howard, 2 Ky. Law Reg., 368.) 3. Recitals in a deed cannot be…
1Opinion of the Court
CHIEE JUSTICE PRYOR
delivered the opinion of the court.
This is an áction in tlie nature'of an equitable ejectment instituted by E. C. Davidson, in the Livingston Circuit Court, against the appellees, E. E. Morrison, M. J. Anderson, C. M: Powell and William Talbott, to recover several tracts or parcels of land held and owned in severalty by the above-named defendants. The land in controversy is claimed by the plaintiff through the patentee, Christopher Roan, who, it is alleged, held two patents — -one for one thousand acres, dated October the 18th, 1787, and the other for four hundred acres,'…
2Cases cited2 opinions
- Thruston v. MastersonCourt of Appeals of Kentucky · 1839
- Cook's Heirs v. Totton's HeirsCourt of Appeals of Kentucky · 1838
3Cited by3 opinions
- James v. DavisCourt of Appeals of Kentucky · 1916
- Merritt v. TempleIndiana Supreme Court · 1900
- Central Trust Co. of New York v. Indiana & L. M. R. Co.Court of Appeals for the Seventh Circuit · 1900