Kentucky Coal & Timber Development Co. v. Conley

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

Plaintiff, Kentucky Coal & Timber Development Company, brought this suit .against Elijah Conley to recover a tract of land formerly located in Breathitt county, but now located in the county of Knott. On final hearing, de*275fendant was adjudged to be the owner of the land and plaintiff appeals.

In the year 1872 the Commonwealth issued to Stephen G. Beid a patent for 154,800 acres of land lying in the oounty of Breathitt, but excluding therefrom 25,800 acres of land theretofore patented or otherwise appropriated. The evidence shows…