Legal Opinion

McMillan's heirs v. Hutcheson

Court of Appeals of Kentucky

Decided February 23, 1868PublishedCited by 8 opinions

CASE 83 — PETITION EQUITY APPEAL PROM HARRISON CIRCUIT COURT. CITED— Act of 1798, M. B.’s Digest, 779. 2Bibb, 64; Greene vs. Liter, fye. 2 Bibb, 65; Speed vs. Buford.

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CASE 83 — PETITION EQUITY APPEAL PROM HARRISON CIRCUIT COURT. CITED— Act of 1798, M. B.’s Digest, 779. 2Bibb, 64; Greene vs. Liter, fye. 2 Bibb, 65; Speed vs. Buford. Act of 1835, Loughborough’s Digest, 386. 16 B. Mon., 127; Clarke vs. Jones. 1 Dana, 326; Simpson vs. Haivkins. 1 Wash., 42; Temple vs. Logwood. 4 Me Chord., 267; Reph vs. Gist. 5 Binney, 238; Alexander vs. Jamison. 3 Gill Johnson, 234; Thrasher vs. Everhart. 1 Munford, 487. 1 Greenlcaf’s Ev., sec. 296, note 6, 144. Act of Dec. 19, 1796; 1 Littell, 489, sec. 40. 1 M. Sp B., 319 to 326, a. 1 Starkie, 343-5, and notes. 4 Dana, 424;…

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion op the court:

On the 18th of July, 1859, the appellant, Worthen, sued the appellee, Wm. Hutcheson, and Thomas McClure, his tenant, for about five hundred and sixty-five acres of land, occupied by them under a Kentucky patent issued to Hutcheson May 22d, 1849, on county court certificates, under the statute of 1835, authorizing such appropriations of vacant lands for the benefit of the counties respectively including them.

Worthen claimed in severalty, under his ancestor, Samuel McMillan, deceased, and his original action was by petition ordinary ; but…

2Cases cited4 opinions

  1. Pearson v. BakerCourt of Appeals of Kentucky · 1836
  2. Atchley v. LathamCourt of Appeals of Kentucky · 1822
  3. Taylor v. FletcherCourt of Appeals of Kentucky · 1846
  4. Ray v. Barker's heirsCourt of Appeals of Kentucky · 1840

3Cited by8 opinions

  1. Caughlin v. WilsonCourt of Appeals of Kentucky · 1915
  2. Gibson v. BoardCourt of Appeals of Kentucky · 1897
  3. Golden v. BlakemanCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Moore v. DavisCourt of Appeals of Kentucky (pre-1976) · 1938
  5. Davidson v. CombsCourt of Appeals of Kentucky · 1884

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