Legal Opinion

Harlan v. Howard

Court of Appeals of Kentucky

Decided April 20, 1881PublishedCited by 11 opinions

Case 77 — ORDINARY APPEAL PROM LEWIS CIRCUIT COURT. The court erred in refusing to permit appellants to read to the jury the-deed from Keitli to Harlan. It is more than eighty years old.

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Case 77 — ORDINARY APPEAL PROM LEWIS CIRCUIT COURT. The court erred in refusing to permit appellants to read to the jury the-deed from Keitli to Harlan. It is more than eighty years old. (Harlan v. Seaton, 3 B. Mon., 312; Greenleaf on Ev., vol. 1, secs. 21, 46, 141, 144, 570; Hedges v. Ward, ^15 B. Mon., 115; Bennett v. Runyan, 4 Dana, 423; 2 Bibb, 421; Bowling v. Ewing, 9 Dana, 77;. Thurston v. Watson, lb., 233; 6 B. Mon., 532; Burgen v. Chenault, 9 B. Mon., 7; Blight v. Atwell, 7 B. Mon., 267; Sharp v. Wickliffe, 3'. Litt., 12; -5 Dana, 241; 6 Dana, 109; 2 B. Mon., 434; 4 J6., 20.) 1. The…

1Opinion of the Court

JUDGE HARGIS

delivered the opinion of the court.

The judgment against appellants for^ costs of the continuance at the November term, 1876, was proper, because-they were not ready on the day the case was set and called for trial, and the postponement until the next day, upon condition that they should continue the'case at their' costs,, should appellees not be ready, was authorized, as the postponement was a matter of grace altogether.

It appears from the evidence that Seaton’s heirs were in possession of a part of the Keith patent boundary, lying in Greenup county, and that Harlan’s heirs…

2Cases cited5 opinions

  1. Willson v. BettsNew York Supreme Court · 1847
  2. Sowder v. McMillan's HeirsCourt of Appeals of Kentucky · 1836
  3. Cook's Heirs v. Totton's HeirsCourt of Appeals of Kentucky · 1838
  4. Hord v. WalkerCourt of Appeals of Kentucky · 1824
  5. Winston v. Gwathmey's HeirsCourt of Appeals of Kentucky · 1847

3Cited by11 opinions

  1. Applegate v. Lexington & Carter County Mining Co.Supreme Court of the United States · 1886
  2. Everidge v. MartinCourt of Appeals of Kentucky · 1915
  3. Cunningham v. DavisMassachusetts Supreme Judicial Court · 1900
  4. Cooper v. WilliamsonCourt of Appeals of Kentucky · 1921
  5. James v. DavisCourt of Appeals of Kentucky · 1916

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