Legal Opinion

Hamilton v. Fugett

Court of Appeals of Kentucky

Decided March 8, 1881PublishedCited by 5 opinions

Case 57-ORDINARY APPEAL FROM MORGAN CIRCUIT COURT. 1. Patents like that issued to Amyx are numerous, and not of recent origin in this state. 2. It is certain to a reasonable intent. (Drake v. Ramsey, Hardin, 34; Craig v. Cogar, lb., 386; Yocum v. Renfro, 2 Mar., 395; 6 J. J. Mar., 191; Bush v. Jameson, 3 Bibb, 121; 2 Stat. Laws, 1021; Cain v. Elinn, 2 Dana, 500; 4 Randolph, 365 ; Jennings v. Whittaker, 4 Mon., 51; 3 Peters, 341; 2 lb., 237; Litt.

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Case 57-ORDINARY APPEAL FROM MORGAN CIRCUIT COURT. 1. Patents like that issued to Amyx are numerous, and not of recent origin in this state. 2. It is certain to a reasonable intent. (Drake v. Ramsey, Hardin, 34; Craig v. Cogar, lb., 386; Yocum v. Renfro, 2 Mar., 395; 6 J. J. Mar., 191; Bush v. Jameson, 3 Bibb, 121; 2 Stat. Laws, 1021; Cain v. Elinn, 2 Dana, 500; 4 Randolph, 365 ; Jennings v. Whittaker, 4 Mon., 51; 3 Peters, 341; 2 lb., 237; Litt. Select Cases, 281: 8 Cal., 188; 30 Miss., 266; 9 B. Mon., 246; Broome’s Leg. Maxims, 625; 5 Peters, 81; Bowman v. Bowman, 3 Head’s Tenn. Rep.;…

1Opinion of the Court

JUDGE HARGIS

delivered tiie opinion op the court.

The evidence does not establish with certainty the length ■of time the appellee Williams occupied the land in controversy before the action was instituted, and it is not necessary, in view of a more important and controlling question, to analyze the evidence on the plea of limitation in order to its settlement.

The patent relied on by appellant was issued May 15th, 1849, í0 J. Amyx, for seventy-four thousand eight hundred and sixty-six acres, excluding 60,518 acres prior grants.

There is no description of the excluded 60,518 acres. No lines,…

2Cited by5 opinions

  1. Oliver Co. v. Louisville Realty Co.Court of Appeals of Kentucky · 1913
  2. Breathitt Coal, Iron & Lumber Co. v. StrongCourt of Appeals of Kentucky · 1899
  3. West v. ChamberlainCourt of Appeals of Kentucky · 1900
  4. Dils v. Kentland Coal & Coke Co.Court of Appeals of Kentucky (pre-1976) · 1929
  5. Bradley v. Ky. Central Oil Co.Court of Appeals of Kentucky · 1885

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