Hopkins v. Paxton
Court of Appeals of Kentucky
.jSjEOÍMENTt From the Circuit Court for Nicholas Counte. Wiese terms aro used in a deed— “thence north, ío a large black ash and sugar tree in P’s line; thence, with P’s line, to the beginning. ” The trees, however, are not in P’s line, and a line from them to the beginning, leaves a small slip of ground, between the tractsold and P’s tract:- Held, that this deed does not pass that slip.
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.jSjEOÍMENTt From the Circuit Court for Nicholas Counte. Wiese terms aro used in a deed— “thence north, ío a large black ash and sugar tree in P’s line; thence, with P’s line, to the beginning. ” The trees, however, are not in P’s line, and a line from them to the beginning, leaves a small slip of ground, between the tractsold and P’s tract:- Held, that this deed does not pass that slip. A tract 'of land is sold, but the deed, in consequence of a mistake in the description, does not include it all; and a stranger takes possession of the omitted part: notwithstanding his adverse possession, a…
1Opinion of the CourtChief Justice Robertson
Samson Archer—having title—sold and conveyed to Moses Hawkins, a parcel of land supposed to contain about nine acres, and described by designated courses, distances and corners^-among which are the following, that is, “thence north, 73° East, 50 poles, to a large black “ ash and sugar tree on Paxton’s line— thence, idth Paxton’s “ line, South, 17° East 54 2-10 poles, to the beginning.”
Some time after the date of that deed, Hopkins, having, in the mean time, discovered that the ash and sugar tree corners were not on Paxton’s line, ahd that, between Paxton’s line and a line run, as described in…
2Cited by5 opinions
- Middlesboro Waterworks v. NealCourt of Appeals of Kentucky · 1899
- Greer v. WintersmithCourt of Appeals of Kentucky · 1887
- May v. Wolf Valley Coal Co.Court of Appeals of Kentucky · 1915
- Campbell v. EmbryCourt of Appeals of Kentucky (pre-1976) · 1936
- Curtis v. Kinkead's Ex'xCourt of Appeals of Kentucky · 1880