Speed v. Creech

Opinion of the Court by

Judge Cammack

Reversing.

The principal question involved in this action is the location of the seventh line of the James Miniard patent, No. 21253, in Harlan County. This patent was issued in 1853. The call for the seventh line is “South 77 West 80 poles to a stake.” When the patent is surveyed according to the face of the certificate it is necessary to extend the ninth line 38 poles and the tenth line 62.7 poles to make it close. However, if the seventh line should be made to read “North 77 degrees West 80 poles to a stake,” the patent will close within 40 feet. There…