Jarboe v. McAtee's Heirs
Court of Appeals of Kentucky
Appeal from the Marion Circuit. Chancery. Case 75. Case stated. Decree of the Circuit Court. Testimony admitted without objection in the Circuit Court, thoughnol of the highest grade,_ cannot be ob-’ jected to in this Court. This Court "will presume a grant from the Commonwealth after a possession of AO years, the possessors claiming and holding as owners, (3 Stark 1221s Greenleaf, 50.) A grant has been presumed in IT.
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Appeal from the Marion Circuit. Chancery. Case 75. Case stated. Decree of the Circuit Court. Testimony admitted without objection in the Circuit Court, thoughnol of the highest grade,_ cannot be ob-’ jected to in this Court. This Court "will presume a grant from the Commonwealth after a possession of AO years, the possessors claiming and holding as owners, (3 Stark 1221s Greenleaf, 50.) A grant has been presumed in IT. York upon ,-a possession of less than 40 yrs. £10 John. 377.) An agent who conveyed land, will be presumed to have had authority to convey, after possession held on his -deed…
1Opinion of the Court
Judoe Simpson
delivered the opinion of the Court.
This is a suit in chancery, brought by the plaintiff in error, against the administrators and heirs of George McAtee, deceased, for a specific execution of a contract, by which George McAtee in his lifetime, sold to him a certain tract of land, that he is anxious, as he alledges, to retain, if he can procure a good title for it from the defendants, if not, he asks a rescission of the contract upon equitable terms.
The administrators of McAtee having obtained a judgment at law against him for the last instalment of the purchase money, he enjoined…
2Cases cited1 opinion
- Fugate v. Hansford's Ex'rsCourt of Appeals of Kentucky · 1823
3Cited by8 opinions
- Veramendi v. HutchinsTexas Supreme Court · 1878
- Logan v. BullCourt of Appeals of Kentucky · 1880
- Harris v. GreenleafCourt of Appeals of Kentucky · 1904
- Bryant v. JonesCourt of Appeals of Kentucky (pre-1976) · 1934
- Beeler v. CoyCourt of Appeals of Kentucky · 1848
3 more not listed; retrieve them via the Exa API.