Legal Opinion

Aulick v. Colvin

Court of Appeals of Kentucky

Decided October 28, 1845PublishedCited by 3 opinions

Appeal from the Pendleton Circuit. Chancery. Case 58. The case stated, since the statute °S ^k-J5^ person can apfan^which^fn anotheCr"Pwithout siTin& such occupant three months’_ notice ioairoroDriateit1 ’ within which time the occupant may appropriate it; 4 Mon. 104; 4 B. Mon. 396. Equity may relieve against a patent obtained in fraud of the pre-emptive right of a settler upon vacant land west of the Tennessee river, upon proof of the intention of the occupant to…

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Appeal from the Pendleton Circuit. Chancery. Case 58. The case stated, since the statute °S ^k-J5^ person can apfan^which^fn anotheCr"Pwithout siTin& such occupant three months’_ notice ioairoroDriateit1 ’ within which time the occupant may appropriate it; 4 Mon. 104; 4 B. Mon. 396. Equity may relieve against a patent obtained in fraud of the pre-emptive right of a settler upon vacant land west of the Tennessee river, upon proof of the intention of the occupant to appropriate the land. The statute in regard to this land is variant from that in regard to other vacant lands in Kentucky. —By the…

1Opinion of the Court

Judge Bkeck

delivered tlie opinion, of the Court.

Aulick having recovered a judgment'in ejectment against Colvin, upon a patent which issued upon a survey made in 1834, Colvin exhibited this bill and obtained an injunction against said judgment, asserting a superior equity to the land, under the act of the 15th January, 1831, as the occupier and improver thereof, and which he had subsequently surveyed and carried into grant. The Court below perpetuated the injunction, and decreed Aulick to surrender his elder legal title to the land in contest; and from that decision Aulick has appealed to this…

2Cases cited2 opinions

  1. Johnson v. GreshamCourt of Appeals of Kentucky · 1837
  2. Harrison v. WoodruffCourt of Appeals of Kentucky · 1838

3Cited by3 opinions

  1. Commonwealth ex rel. Bryant v. JamesCourt of Appeals of Kentucky · 1910
  2. Bevins v. CollinsworthCourt of Appeals of Kentucky · 1911
  3. Givens v. United States Trust Co.Court of Appeals of Kentucky (pre-1976) · 1933

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