Poage's Heirs v. Chinn's Heirs
Court of Appeals of Kentucky
Ejectment. From ti-ie Circuit Court eor Greenup County. The action, and plaintiffs’ title. Evidence for defendants, to bring them within the seven years, law. I'ástiúctioñs.
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Ejectment. From ti-ie Circuit Court eor Greenup County. The action, and plaintiffs’ title. Evidence for defendants, to bring them within the seven years, law. I'ástiúctioñs. Ail entry, under ;a junior patent, part%rnponone tenement, of a not divest the .possession (held .title) of another ^art—though the try was to, take tesl0n°fthe Á title of record is not requiied to make out the bar under the act of 1809 (7 years Jaw.) fj here must be a grant from the Com’th from which the def’tsP right must be derived, by transfer, or a regular succession of transfers, in law or equity; 8f the proof of…
1Opinion of the Court
jU(]ge Marshall
delivered the Opinion of the Court.
The heirs of Raleigh Chinn instituted this action of ejectment under a patent which issued to their ancestor, in the year 1796; and the heirs of George Poage and of William Bell were made defendants, with the tenants in possession, on whom the declaration was served.
The principal questions presented by the record, grow out of an effort, on the part of the defendants, to bring themselves within the protection of the seven years lira-*51station act of 1809. In order to do this, they introduced the patent of William Bell, dated 1816, and, after…
2Cases cited1 opinion
- Davis v. YoungCourt of Appeals of Kentucky · 1834
3Cited by5 opinions
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- Sullivan v. SullivanCourt of Appeals of Kentucky · 1918
- Taylor v. CoxCourt of Appeals of Kentucky · 1842
- Hamilton v. WrightSupreme Court of Iowa · 1870
- Hunter v. AyresCourt of Appeals of Kentucky · 1854