Noel's Ex'r v. Gill
Court of Appeals of Kentucky
Case 35 — PETITION EQUITY APPEAL FROM HOPKINS CIRCUIT COURT. 1. The least certain and material parts of the description in a deed. must yield to those which are most certain and material, if they can not be reconciled.
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Case 35 — PETITION EQUITY APPEAL FROM HOPKINS CIRCUIT COURT. 1. The least certain and material parts of the description in a deed. must yield to those which are most certain and material, if they can not be reconciled. Therefore, that part of Noel’s deed which describes the property conveyed as the “ same over which the parties of the second part have constructed their railroad ” must yield to other parts of the deed which are absolutely certain as to quantity, location and boundary. (4 Kent, 546.) 2. The fact of a mistake in drawing a written contract must, as any other fact, be averred…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
Appellant brought snit in ejectment in the Hopkins Circuit Court against Gill & Randall to recover-*243the possession of a lot of ground, No. 6, situated on the north side of Main Cross street, in the town of Madisonville, which lot contained twenty-five feet front, and fan one hundred and forty-five feet back.,
Randall answered, disclosing the fact that Grill was his tenant, and that he held said lot by the-authority of the Louisville & Nashville Railroad Company, which was the owner of said property,, and asked that said company be allowed to…
2Cases cited1 opinion
- Worley v. TuggleCourt of Appeals of Kentucky · 1868
3Cited by7 opinions
- Castleman-Blakemore Co. v. Pickrell & Craig Co.Court of Appeals of Kentucky · 1915
- Meredith v. MeredithCourt of Appeals of Kentucky · 1921
- Lamastus v. Morgan's CommitteeCourt of Appeals of Kentucky · 1918
- McMee v. HenryCourt of Appeals of Kentucky · 1915
- Wainwright v. DunseathNevada Supreme Court · 1923
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