Cruikshanks v. Wilmer & Wilson
Court of Appeals of Kentucky
Case 5 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. The reclaimed land is “accretion” under the common law and belongs to the person holding the legal title when it was formed.
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Case 5 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. The reclaimed land is “accretion” under the common law and belongs to the person holding the legal title when it was formed. (Berry v. Snyder, 3 Bush, 277; Miller v. Hepburn, 8 Bush, 326.) But it does not pass by a deed conveying the original tract by the metes and bounds by which it was formerly conveyed, unless the addition is so inconsiderable as to bo presumed to pass, which is not the case where a quantity of forty acres, equal to at least one-fourth the tract, is added. 2. Whether the added land is included is a question…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The “ John Green farm,” lying and being in Campbell county, Kentucky, and situated on the Ohio river, was divided into four lots, and H. D. Helm purchased each lot by separate deed. The Ohio river line is described in one of the deeds as follows: “To a stake on the bank of the Ohio river and corner to J. Thomas; thence up the river as it meanders S., 76J degrees E., 52 poles; thence,” etc. The river calls in the other deeds mean substantially the same thing as does the call quoted.
The said Helm, after he purchased said land, executed mortgages…
2Cases cited1 opinion
- Kentucky Lumber Co. v. GreenCourt of Appeals of Kentucky · 1888
3Cited by4 opinions
- Crown Corp. v. RobinsonSupreme Court of Florida · 1937
- Low v. LowCourt of Appeals of Texas · 1914
- Johnson v. LainhartCourt of Appeals of Kentucky (pre-1976) · 1938
- Whitson v. MorrisCourt of Appeals of Kentucky (pre-1976) · 1946