Altemus v. Nickell
Court of Appeals of Kentucky
Case 60 — Action by J. B. Altemus and Another, Against W. N. Nickell to Recover Land. APPEAL FROM LETCHER CIRCUIT COURT. Judgment for Defendant and Plaintiffs Appeal. 1. A demurrer admits the truth of all facts well pleaded1, and every allowance and proper deduction therefrom. It therefore follows that if the petition state facts sufficient to constitute a cause of action the demurrer should he overruled. Norfnan v. Ky.
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Case 60 — Action by J. B. Altemus and Another, Against W. N. Nickell to Recover Land. APPEAL FROM LETCHER CIRCUIT COURT. Judgment for Defendant and Plaintiffs Appeal. 1. A demurrer admits the truth of all facts well pleaded1, and every allowance and proper deduction therefrom. It therefore follows that if the petition state facts sufficient to constitute a cause of action the demurrer should he overruled. Norfnan v. Ky. Board of Managers, 93 Ky., 537; Morgan v. Ballard, 1 Mar., 537; Bank v. Newport, 1 B. M., 16. 2. The petition in this case alleges affirmatively and specifically that W. H.…
1Opinion of the Court
Opinion op the court ry
JUDGE O’REAR
Apeiriong.
Wm. H. Nickell was the patentee of a boundary of 34,800 acres of land in Letcher county. The patent was issued after other patents for smaller tracts had. been granted by the State, covering in part the same land. To the extent of the laps of the elder and junior grants, the latter, by statutory enactment and judicial interpretation, were void, and passed no sort of right to the junior patentee. Gen. St., c. 109, section 3, now section 4704, Ky. St. 1899; Hartley v. Hartley, 3 Metc., 56; Goosling v. Smith, 90 Ky., 157, 11 R., 991, 13 S. W., 437.…
2Cases cited3 opinions
- Cardwell v. Sprigg's HeirsCourt of Appeals of Kentucky · 1838
- Goosling v. SmithCourt of Appeals of Kentucky · 1890
- Crowley v. VaughanCourt of Appeals of Kentucky · 1875
3Cited by21 opinions
- Gardner v. WrightOregon Supreme Court · 1907
- Hunt v. SmithCourt of Appeals of Kentucky · 1921
- Forman v. GaultCourt of Appeals of Kentucky (pre-1976) · 1930
- Hurie v. QuiggSupreme Court of Oklahoma · 1926
- Cecil G. Noble v. National Mines CorporationCourt of Appeals for the Sixth Circuit · 1985
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