Cain v. Flynn
Court of Appeals of Kentucky
BíE.ct-ment»- From the Circuit Court for Estihl County». The patents, spr,. panie*C'respee-'': tively. Evidence. Provisions of the act of 1815, as to the times when titles derived under that act, shall commence. Parol proof is not admissible to contradict or vary written instruments, made by authority of law, or the compaot of parties.
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BíE.ct-ment»- From the Circuit Court for Estihl County». The patents, spr,. panie*C'respee-'': tively. Evidence. Provisions of the act of 1815, as to the times when titles derived under that act, shall commence. Parol proof is not admissible to contradict or vary written instruments, made by authority of law, or the compaot of parties. A surveyor's certificate, or the recital of its contents in a patent, cannot be eontradicted by parol evidence,— Evidence, even by the surveyor himself, to show that the survey was never made, or made at a different time, is inadmissible. A patent has the…
1Opinion of the Court
Judge Ewing,
delivered the opinion, of the Court..
Cain brought an action of ejectment against Flynn, in theEstill Circuit Court. Both parties claimed under patents, under the treasury warrant act, of 1815.
Cain’s claim was surveyed, as stated imhis patent, the 11th of March, 1830, and the patent bears date the 11th of April, 1831.
Flynn’s survey bears date the 11th of March, 182.9,, *500was registered the I5ih of January, 1331, as stated in the face of his patent, and was patented the 13th of July, 1831.
Evidence. Provisions of the act of 1815, as to the times when titles derived under that act,…
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- Miller v. Breathitt Coal, Iron & Lumber Co.Court of Appeals of Kentucky · 1913
- Green v. GoodrumCourt of Appeals of Kentucky · 1863
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