Goosling v. Smith
Court of Appeals of Kentucky
Case 24 — PETITION ORDINARY APPEAL PROM PIKE CIRCUIT COURT. 1. A patent issued upon lands previously entered, surveyed or patented is void. (McMil)en’s Heirs v. Hutcheson, &c., 4 Bush, 613; Kirk v. Williamson, 82 Ky., 162; Davidson, &c., v. Combs, &c., 5 Ky. Law Rep., 812; Gardner v. Jackson, MS. Op., March 12, 1885; Gen. Stats., chap. 109, sec. 3.) 2. A survey, if properly made, is good, even though no previous entry was ever made.
Read the full summary
Case 24 — PETITION ORDINARY APPEAL PROM PIKE CIRCUIT COURT. 1. A patent issued upon lands previously entered, surveyed or patented is void. (McMil)en’s Heirs v. Hutcheson, &c., 4 Bush, 613; Kirk v. Williamson, 82 Ky., 162; Davidson, &c., v. Combs, &c., 5 Ky. Law Rep., 812; Gardner v. Jackson, MS. Op., March 12, 1885; Gen. Stats., chap. 109, sec. 3.) 2. A survey, if properly made, is good, even though no previous entry was ever made. (Parker v. Patrick, 16 B. M., 168.) A survey made without an entry is not a survey in law, and notwith- ' standing such a survey, the land covered by it is still…
1Opinion of the Court
'CHIEE JUSTICE LEWIS
delivered the opinion op the court.
To recover the three tracts of land in controversy appellee relies on a patent for each, issued July 2, 1885; upon entries dated January 5, 1885; surveys made February 2, 1885, and plats and certificate of survey recorded February 9, 1885.
*158Appellants, Goosling, McCoy and Goff, rely as defense to the action upon patents for the same tracts' issued to Goff May 12, 1887, surveys having been made in his name December 30 and 31, 1884, and January 1, 1885, though entries do not appear to have been made upon the surveyor’s book until February 6,…
2Cited by12 opinions
- American Ass'n v. InnisCourt of Appeals of Kentucky · 1901
- Altemus v. NickellCourt of Appeals of Kentucky · 1903
- Stephens v. TerryCourt of Appeals of Kentucky · 1917
- Gibson v. BoardCourt of Appeals of Kentucky · 1897
- Stoffler v. Edgewater Coal Co.Court of Appeals of Kentucky · 1923
7 more not listed; retrieve them via the Exa API.