Kerr v. Mack
Ohio Supreme Court
This case came before the court upon a bill of review, and was reserved for decision here, in Adams county. The material facts were as follows: Robert Mack prosecuted his bill in equity against Kerr and others, to obtain from them the legal title to three hundred acres of land, alleged to be covered by his elder entry, No. 4,834, but for which the defendants had obtained a patent upon a junior entry.
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This case came before the court upon a bill of review, and was reserved for decision here, in Adams county. The material facts were as follows: Robert Mack prosecuted his bill in equity against Kerr and others, to obtain from them the legal title to three hundred acres of land, alleged to be covered by his elder entry, No. 4,834, but for which the defendants had obtained a patent upon a junior entry. Mack’s entry was made February 3, 1806, and in these words: Robert Mack enters 750 acres of land on the waters of Eagle and Brush creeks, beginning at the northwest corner of Thomas Blackwell’s…
1Opinion of the Court
^Opinion of the court, by
Judge Burnet:
The evidence does not show that the surveys of Blackwell and Morgan had acquired notoriety at the time Mack’s entry was made. It is admitted by Kerr that he had seen the entry of Mack on the books of the surveyor before he made the entry No. 4,962, but, from its vague and uncertain calls,' he did not know where it was intended to lie. On this fact, the complainant Mack chiefly relied as sufficient to support his claim. The question, therefore, presented for decision is, whether an entry, vague and uncertain at the time of its inception, can be supported…
2Cases cited3 opinions
- Galloway v. NealeCourt of Appeals of Kentucky · 1809
- Hanley's heirs v. HardinCourt of Appeals of Kentucky · 1817
- Mosby v. CarlandCourt of Appeals of Kentucky · 1809
3Cited by1 opinion
- Mathews v. SylvesterOhio Circuit Courts · 1912