Breathitt Coal, Iron & Lumber Co. v. Strong
Court of Appeals of Kentucky
Case 86 — EJECTMENT— APPEAL FROM BREATHITT CIRCUIT COURT. Validity of patent. First, its regularity.' Second, not void for uncertainty of the description of boundaries. Board v. Head, 3 Dana, 490; Taylor v. Com., 1-5 B. M., 18; Camp v. Prather, 7 B. M., 599; Boardman v. Lessees of Reid and Ford, &c., U. S. Rep., No. 345, 2 vol., 502; Am. & Eng. Ency. of Law, vol. 6, p. 423; Ball-ards Real Estate, sec. 95. Third, as to exclusions not specifically described.
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Case 86 — EJECTMENT— APPEAL FROM BREATHITT CIRCUIT COURT. Validity of patent. First, its regularity.' Second, not void for uncertainty of the description of boundaries. Board v. Head, 3 Dana, 490; Taylor v. Com., 1-5 B. M., 18; Camp v. Prather, 7 B. M., 599; Boardman v. Lessees of Reid and Ford, &c., U. S. Rep., No. 345, 2 vol., 502; Am. & Eng. Ency. of Law, vol. 6, p. 423; Ball-ards Real Estate, sec. 95. Third, as to exclusions not specifically described. Drake v. Ramsey, Hardin’s Rep., 34; Craig v. Cogar, Hardin’s Rep., 384; Overton and Reid v. Robert, 4 Bibb, 156; 1 Bibb, 60; Hamilton v.…
1Opinion of the Court
JUDCE PAYNTER
delevered the opinion of the court.
This appeal calls in question the validity of a patent issued by the Commonwealth of Kentucky to Stephen G-. Reid on June 15, 1872, for one hundred and fifty-four thousand eight hundred acres of land, which excluded twenty-five thousand acres “of patented and otherwise appropriated land, which is deducted from the calculation.” The courses and distances are given in describing the outer boundary of the patent, most of the lines of which call for the meanders of streams of water. The others call for rocks and trees and the dividing lines of…
2Cases cited5 opinions
- Board of Councilmen v. BrawnerCourt of Appeals of Kentucky · 1896
- Hall v. MartinCourt of Appeals of Kentucky · 1889
- Hamilton v. FugettCourt of Appeals of Kentucky · 1881
- Jackson v. Johnson's heirsCourt of Appeals of Kentucky · 1809
- Dupuy v. MarshallCourt of Appeals of Kentucky · 1815
3Cited by6 opinions
- Oliver Co. v. Louisville Realty Co.Court of Appeals of Kentucky · 1913
- Hickey v. Parrot Silver & Copper Co.Montana Supreme Court · 1905
- Walton N. Moore Dry Goods Co. v. LieuranceCourt of Appeals for the Ninth Circuit · 1930
- West v. ChamberlainCourt of Appeals of Kentucky · 1900
- Lockard v. Asher Lumber Co.Court of Appeals for the Sixth Circuit · 1904
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