Morton v. Waring's Heirs
Court of Appeals of Kentucky
Case 14. Qrd. Pet. APPEAL FROM HOPKINS CIRCUIT. This is the second time this case has been before this court. The Hopkins circuit court had decided that the deed of the Register of ,the land office to Waring was void on its face.
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Case 14. Qrd. Pet. APPEAL FROM HOPKINS CIRCUIT. This is the second time this case has been before this court. The Hopkins circuit court had decided that the deed of the Register of ,the land office to Waring was void on its face. That judgment was reversed by this court at the summer term, 1855, and the cause remanded for a new trial; on a second trial the appellees recovered a judgment for the land, and the appellants have brought the case up for revision. 1. The first question made in the circuit court was a motion by appellants’ counsel to exclude from the jury the paper offered in…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
This action was brought by Waring’s heirs against appellants to recover a tract of land patented in the name of Peter F. Archer, who was a non-resident, and w’hich had been sold by the register of the land office for taxes due thereon, and purchased by John U. Waring in 1812, that being the time the sale was made.
The appellants claim the land by deeds of conveyance from the heirs, or some of the heirs, of the patentee; and contest the validity of Waring’s purchase, and the deed made to him in pursuance thereof in 1828, by a subsequent register…
2Cases cited1 opinion
- Sampson v. OvertonCourt of Appeals of Kentucky · 1816