Preston's Heirs v. Bowmar
Supreme Court of the United States
Error to the Circuit Court of Kentucky. This was an ejectment brought in the Court below, in which the lessor of the plaintiff claimed title under a patent, describing the survey as “ beginning at an ash in the middle of a line of Glenn’s land, and with it north 20 degrees, east 800 poles, crossing three branches to a hoop wood and sugar tree, corner to.
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Error to the Circuit Court of Kentucky. This was an ejectment brought in the Court below, in which the lessor of the plaintiff claimed title under a patent, describing the survey as “ beginning at an ash in the middle of a line of Glenn’s land, and with it north 20 degrees, east 800 poles, crossing three branches to a hoop wood and sugar tree, corner to. Moffat’s land, and With a line thereof north 70 degrees, west 100 poles, crossing the creek to a sugar tree south 33 degrees, west 820 poles, crossing three forks of the creek to two sugar trees, south 70 degrees, east 300 poles, to the…
1Opinion of the CourtJustice Story
Whatever might be our opinion (and we wish to be understood as expressing none) if the question in this case were entirely new, it cannot be affirmed, that there has been such a clear mistake of construction, as that justice and law require us to depart from the decisión of the local tribunals. The question here is, whether the third and fourth lines of this patent (following the order of the lines as they are given in the patent) are to be continued upon the courses called for by the patent until they intersect, or whether the fourth line is to be extended from the beginning to the distance…
2Cited by42 opinions
- County of St. Clair v. LovingstonSupreme Court of the United States · 1874
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
- Jackson ex dem. Young & Devereux v. CampNew York Supreme Court · 1824
- Doe ex dem Miller v. CullumSupreme Court of Alabama · 1843
- Bradley v. EwartWest Virginia Supreme Court · 1881
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