Vincent v. Eaves
Court of Appeals of Kentucky
CASE 43 — IN EQUITY APPEAL FROM MUHLENBURG CIRCUIT COURT. The facts are sufficiently stated in the opinion of the court. The sale by the Register was not legally made. There is no proof that it was advertised, and not sufficient proof that a certificate issued'to the purchaser. A sale could not be made by the Register after the land was transferred. The patent to E. Morton would not have issued if the land had not been redeemed.
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CASE 43 — IN EQUITY APPEAL FROM MUHLENBURG CIRCUIT COURT. The facts are sufficiently stated in the opinion of the court. The sale by the Register was not legally made. There is no proof that it was advertised, and not sufficient proof that a certificate issued'to the purchaser. A sale could not be made by the Register after the land was transferred. The patent to E. Morton would not have issued if the land had not been redeemed. Neither Earle, nor his heirs or assigns, ever had a patent for the land. The appellants’ claim is a legal one; but if both claims are equitable, the appellants have…
1Opinion of the Court
JUDGE WOOD
DELIVERED THE OPINION OF THE COURT:
There is no error in the judgment of the circuit court. The appellants have shown no title, either legal or equitable, to the land in controversy. The mode in which they attempt to show title is this, namely:
1. A head-right certificate, granted by the county court of Muhlenburg to John Hopkins, in 1801, under the act of 20th December, 1800.
*2492. A survey made under this certificate in 1805, and assigned in 1810 to Elizabeth Morton.
3. A grant to E. Morton dated February, 1848.
Appellants are the heirs of E. Morton, being children and grand-children.
This…
2Cited by22 opinions
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- City of Hartford v. ChampionSupreme Court of Connecticut · 1889
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