Creech v. Johnson
Court of Appeals of Kentucky
Case 42 — Action by R. D. Johnson and Others against B. F. ■Creech and Others Involving Title to Land and the Timber Thereon. appeal from bell circuit court. Judgment foe Plaintiffs and Defendants Appeal.
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Case 42 — Action by R. D. Johnson and Others against B. F. ■Creech and Others Involving Title to Land and the Timber Thereon. appeal from bell circuit court. Judgment foe Plaintiffs and Defendants Appeal. This is not the first time the location of patent No. 6975 for 86,000 acres of land- to Smith, -Skidmore & Ledford has been before the courts. . The same question arose in the case of Davis v. Parmer, pending in the United States Circuit Court for the District of Kentucky in the year 1894, when Judge Barr’, in his opinion, held that the “fourth corner of said patent was at -or in 'Cumberland…
1Opinion of the Court
•Opinion of the court bt
JUDGE HOBSON
Affirming.
Appellees, on August 21, 1902, obtained from the Commonwealth a patent to fifty acres of land in Bell county. The patent was issued on a survey bearing date of November 6, 1901. They filed this suit against appellants, charging that they had entered upon the land so patented, and cut from it timber of the value of $798.04. They prayed judgment for the specific recovery of the timber and $400 in damages. The defendants pleaded that the patent referred to was void for the reason that none, of the land covered by it was vacant or unappropriated at…
2Cases cited1 opinion
- Thornberry v. ChurchillCourt of Appeals of Kentucky · 1826
3Cited by11 opinions
- Brown v. WhiteCourt of Appeals of Kentucky · 1913
- Hogg v. LuskCourt of Appeals of Kentucky · 1905
- Combs v. ValentineCourt of Appeals of Kentucky · 1911
- Daniel v. New Era Land Co.Court of Appeals of Kentucky · 1910
- Davis v. Commonwealth Land & Lumber Co.U.S. Circuit Court for the District of Kentucky · 1904
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