Payne v. Riley
Court of Appeals of Kentucky
'W.IANCEiay From ti-ie Circuit Court eor Knox County. \ grant, under the act of 1815, for appropriating ,he vacant lands ín this state, has ■elation to the time of the survey, and vests the legal title irom that date— provided,the plat S;c. are lodged in the Register’s office within one year; otherwise, the title vests ,it the date of. the registry:— hence, a patent upon a survey, registered within the year, confers a title paramount to an elder patent on an elder survey,…
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'W.IANCEiay From ti-ie Circuit Court eor Knox County. \ grant, under the act of 1815, for appropriating ,he vacant lands ín this state, has ■elation to the time of the survey, and vests the legal title irom that date— provided,the plat S;c. are lodged in the Register’s office within one year; otherwise, the title vests ,it the date of. the registry:— hence, a patent upon a survey, registered within the year, confers a title paramount to an elder patent on an elder survey, not re-the year, nor unof tlie oonflict. '«g survey. an^ad" verse eluim tó one who already has the better lc~ Sal ««mot…
1Opinion of the CourtChief Justice Robertson
Riley and Payne, each being a patentee of the same land, under the. statute of 1815, authorizing the appropriation of vacant- territory in this state,—the Circuit Court, on a bill filed for that purpose by the former, decreed that the latter relinquish to him his legal title, deemed by that court paramount in judgment of law. That, decree is now to be considered.
It appears that Payne’s survey, made in 1819, was not registered- until s.ometime in 1829—after the date of Riley’s survey, which was made in March, 1829; but that nevertheless Pajm.e’s grant was issued prior to that of Riley, who.se…
2Cited by3 opinions
- Gibson v. BoardCourt of Appeals of Kentucky · 1897
- Johnson v. MayneSupreme Court of Iowa · 1856
- Evans v. BatesCourt of Appeals of Kentucky · 1913