Preston v. Preston
Court of Appeals of Kentucky
Case 3 — PETITION EQUITY APPEAL FROM JOHNSON CIRCUIT COURT 1. As the defendants were insolvent, the plaintiff had no other adequate and complete remedy, and therefore was entitled to an injunction. (Eraly v. Peters, 12 Bush, 469; Story’s Equity, sections 620, 621 and 622.) 2. A bill will lie in favor of an elder patentee, to compel a release of a claim under a junior patent, and the same rule should apply to an entry.
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Case 3 — PETITION EQUITY APPEAL FROM JOHNSON CIRCUIT COURT 1. As the defendants were insolvent, the plaintiff had no other adequate and complete remedy, and therefore was entitled to an injunction. (Eraly v. Peters, 12 Bush, 469; Story’s Equity, sections 620, 621 and 622.) 2. A bill will lie in favor of an elder patentee, to compel a release of a claim under a junior patent, and the same rule should apply to an entry. (Anderson v. Phillips, 5 Lift., 301.) 3. One holding the legal title and being in possession, may maintain a suit in chancery to quiet his possession, under the statute, or upon…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
Appellant brought this action in equity, and in his petition states that he, and those under whom he claims, have been in the actual adverse possession of a trad of land over forty years, which, previous to the acts of appellees complained of, was entered, surveyed and patented; that recently appellee, Preston, without his knowledge, made an entry of -acres within his boundary and inclosure, and he and apx)ellee, Fields, who is county surveyor, and, as is averred, knows the land described in the entry is not vacant and unappropriated, have…
2Cases cited1 opinion
- Hillman v. HurleyCourt of Appeals of Kentucky · 1885
3Cited by4 opinions
- Underhill v. MurphyCourt of Appeals of Kentucky · 1904
- Daniel v. New Era Land Co.Court of Appeals of Kentucky · 1910
- Alexander v. NolandCourt of Appeals of Kentucky · 1889
- Burchett v. RoopCourt of Appeals of Kentucky (pre-1976) · 1926