Cox v. Prewitt
Court of Appeals of Kentucky
Case 24 — PETITION EQUITY — APPEAL FROM WHITLEY CIRCUIT COURT. A patent issued to a person who was dead is void, and conveys no title to his heirs. Where a patent issues to one who is dead, his heirs take the land. '(Gen. St., p. 711; Taylor v. Fletcher, 7 B. M., 82; Clark v. Jones, 16 B. M„ 126.)
1Opinion of the CourtChief Justice Lewis
Appellees instituted this action to recover the land in contest, claiming under a patent issued in 1869, in the name of William Prewitt, whose heirs at law they are. A recovery was resisted in the lower court upon two grounds: First, that in 1857, appellant Cox, under whom appellant White claims, had the land ■duly surveyed, according to law, with a view of obtaining a grant therefor from the Commonwealth ; and, second, that the patent to Prewitt in 1869 is void; and, consequently, the land was unappropriated and subject to the entry and survey made for Cox in 1872, which was followed by a…
2Cited by1 opinion
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