Pearson v. Baker
Court of Appeals of Kentucky
EjECTMENTt From the Circuit Court eor Estill County, The titles-. i’81b5y tb| a junior patent f°andecl uPon an elder survey, under that act, will r."L id,'” tent on a junior smvey‘ The actual slipYey is made the commencement patent cannot bo An act of 1831 -secures to settlers certain preemption rights; but does not declare that grants in derogation of those rights shall he void;and as i avoided at law, collaterally, by matter dehors the grant, (unless a statute makes it…
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EjECTMENTt From the Circuit Court eor Estill County, The titles-. i’81b5y tb| a junior patent f°andecl uPon an elder survey, under that act, will r."L id,'” tent on a junior smvey‘ The actual slipYey is made the commencement patent cannot bo An act of 1831 -secures to settlers certain preemption rights; but does not declare that grants in derogation of those rights shall he void;and as i avoided at law, collaterally, by matter dehors the grant, (unless a statute makes it void) it must prevail at law, against the settler’s junior title, though he may have his remedy ia chancery. Where .the…
1Opinion of the Court
Judge Ewing
delivered the Opinion of the Court.
Baker and Asbell brought an action of ejectment against Pearson, relying upon a Kentucky land office warrant claim, surveyed the 7th of February, 1832, and patented to them on the 11th of March, 1833»
Pearson also relied on a patent which is founded on a Kentucky land office warrant, surveyed the 16th Of March, 1832, and patented the 2d of February, 1833.
He also set up and relied on an outstanding patent in the name of Wooldridge, for fourteen hundred acres, bearing date the 10th of May, 179-3, and contended that the same covered the land in…
2Cases cited1 opinion
- Bledsoe's devisees v. WellsCourt of Appeals of Kentucky · 1816
3Cited by26 opinions
- Clark v. HillsTexas Supreme Court · 1886
- Daviess v. FairbairnSupreme Court of the United States · 1845
- Phillips v. AyresTexas Supreme Court · 1876
- Nathan E. Hooper, Louisa J. Hooper, and Amanda E. Hooper, Minors, by Absalom Fowler, Their Next Friend, in Error v. Jacob ScheimerSupreme Court of the United States · 1860
- Ayers v. LancasterTexas Supreme Court · 1885
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