Whitley County Land Co. v. Lawson
Court of Appeals of Kentucky
Oasis 107 — PETITION ORDINARY — 1. Such patents as the one to Clapp, notwithstanding the fact that it excludes several thousand acres of land previously legally surveyed and patented, have been sustained by all recent decisions of this court. (Hall v. Martin, 11 Ky. Law Rep., 241 ; Moses v. Gatliff, &c., Idem, 356.) 2. One can not have possession of land not patented in such a way as to avail himself of such possession anterior to an older patent.
Read the full summary
Oasis 107 — PETITION ORDINARY — 1. Such patents as the one to Clapp, notwithstanding the fact that it excludes several thousand acres of land previously legally surveyed and patented, have been sustained by all recent decisions of this court. (Hall v. Martin, 11 Ky. Law Rep., 241 ; Moses v. Gatliff, &c., Idem, 356.) 2. One can not have possession of land not patented in such a way as to avail himself of such possession anterior to an older patent. (Chiles v. Calk, 4 Bibb, 554.) 3. Appellee’s possession will he limited to his actual close. (Brooks v. Clay, 3 Mar., 545; Smith v. Morrow, 5…
1Opinion of the Court
CHIBE JUSTICE BENNETT
delivered the opinion of the court.
The appellant claims the land in controversy, under a patent granted by the Commonwealth in 1876, for *604forty-eight thousand and forty acres of land. The patent includes about one hundred and six thousand acres, but the quantity above named is all that is patented. The other is excluded because previously patented. The boundary calls to run with county lines, &c. The appellee claims a small piece of land by patent, which is junior in date to that of appellant, and by adverse possession for fifteen years. The appellant’s patent covers the…
2Cases cited1 opinion
- Fox v. HintonCourt of Appeals of Kentucky · 1817
3Cited by7 opinions
- Miniard v. NapierCourt of Appeals of Kentucky · 1915
- Martin v. HallCourt of Appeals of Kentucky · 1913
- Ritchie v. OwsleyCourt of Appeals of Kentucky · 1911
- Kenmont Coal Company v. CombsCourt of Appeals of Kentucky (pre-1976) · 1932
- Gillis v. CurdCourt of Appeals for the Sixth Circuit · 1941
2 more not listed; retrieve them via the Exa API.