Anderson v. Gore
Court of Appeals of Kentucky
Case 7. exhibited his bill in chancery against Anderson and Campbell, stating that in August 1812, he settled himself on a piece of-land in Christian county, with an intent to procure a title from the state by certificate or other mode that the Legislature might adopt, for the purpose of effectuating their original design in providing that no re-removed certificate should be so surveyed or entered as to interfere with any .person actually settled upon the land, and contends…
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Case 7. exhibited his bill in chancery against Anderson and Campbell, stating that in August 1812, he settled himself on a piece of-land in Christian county, with an intent to procure a title from the state by certificate or other mode that the Legislature might adopt, for the purpose of effectuating their original design in providing that no re-removed certificate should be so surveyed or entered as to interfere with any .person actually settled upon the land, and contends lie is protected from interference with his settlement and four hundred acres of land around the same: But that…
1Opinion of the Court
The circuit court decreed a release of the elder grant held by Anderson, and to reverse that .decree this writ of error is prosecuted.
2. The record of a caveat is shown, and the reason why the grant issued pending the controversy, as shown by the answer of the reg'ster. who is made a party, was probably the existence of two surveys, one to which the caveat applied, and a second returned after-wards, somewhat variant from the first, on which the. grant (m mated.
The rel ief granted by the court below, cannot be sustained, on’the ground of title. There is a survey filed on a removed certificate,…
2Cited by2 opinions
- Fletcher v. TylerCourt of Appeals of Kentucky · 1891
- Hubbird v. GoinCourt of Appeals for the Eighth Circuit · 1905