Sowder v. McMillan's Heirs
Court of Appeals of Kentucky
Chancery. From the Circuit Court for Scott County. Character of the cage. A surveyor’s plat and report are not evidence against deft’s who had no notice of the survey; nor can they be used against one who —though he was conusant of the survey, and present wlien it was made, had not then been made a def’t, and had no right, there - fore, to give any directions respecting it.
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Chancery. From the Circuit Court for Scott County. Character of the cage. A surveyor’s plat and report are not evidence against deft’s who had no notice of the survey; nor can they be used against one who —though he was conusant of the survey, and present wlien it was made, had not then been made a def’t, and had no right, there - fore, to give any directions respecting it. Corisérit that a surveyor’s report muy be read in •One case, does not make it evidence ift another, especially, when it does not appear that thesa against whom it is offered, were parties to thecoa» sent-. of both parties…
1Opinion of the Court
Judge Marshall
delivered the Opinion of the Court.
This is an appeal by Sowder and Myers; from a judg* ment in ejectment obtained against them, on the joint and several demise of McMillan’s heirs &c. The suit was tried in the Scott Circuit Court,' to which it had been removed by change of venue; and various opinions of the Court, delivered in the progress of the trial, having been excepted to, the whole case comes up on á bill of exceptions to the refusal of the Court to grant a new trials 1
On the trial, the plaintiffs read in evidence a patent; dated in 1786, granting fourteen thousand acres…
2Cases cited3 opinions
- Fowke v. DarnallCourt of Appeals of Kentucky · 1824
- Hord v. WalkerCourt of Appeals of Kentucky · 1824
- Steele's Heirs v. LoganCourt of Appeals of Kentucky · 1821
3Cited by11 opinions
- Seymour v. CreswellSupreme Court of Florida · 1881
- Staininger v. AndrewsNevada Supreme Court · 1868
- Tucker v. PhillipsCourt of Appeals of Kentucky · 1859
- Harlan v. HowardCourt of Appeals of Kentucky · 1881
- Ratcliff v. Bellfonte Iron Works Co.Court of Appeals of Kentucky · 1888
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