Peyton v. Stith
Supreme Court of the United States
Appeal from the Circuit Court of Kentucky. In that court, Joseph Stith, the appellee, filed a bill for an injunction, to stay perpetually proceed-by the appellants, on a judgment obtained by them, in an ejectment instituted by them, as the devisees of Francis Peyton, against Joseph Stith, the appellee. The relief sought by the complainant in the circuit court was founded on the allegation, that one.
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Appeal from the Circuit Court of Kentucky. In that court, Joseph Stith, the appellee, filed a bill for an injunction, to stay perpetually proceed-by the appellants, on a judgment obtained by them, in an ejectment instituted by them, as the devisees of Francis Peyton, against Joseph Stith, the appellee. The relief sought by the complainant in the circuit court was founded on the allegation, that one. Jenkin Phillips, under whom he claimed, made the first entry on the land in controversy; although it was admitted, that the plaintiffs in the ejectment held under the eldest patent. The circuit…
1Opinion of the Court
Baldwin, Justice,
delivered the opinion of the court. — The subject of this controversy is a tract of land, situated on Kingston fork of Licking creek, and Buck-lick creek, a branch thereof. Stith, the complainant below, claims title under an entry made by Jenkin Phillips, on the 18th of May 1780, in the following words. “ Jenkin Phillips enters one thousand acres on the south-west side of Licking creek, on a branch called Buck-lick creek, on the lower side of said creek ; beginning at the mouth of the branch, and running up the branch for quantity, including three cabins.” A survey was made…
2Cases cited4 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Green v. LiterSupreme Court of the United States · 1814
- Shipp v. Miller's HeirsSupreme Court of the United States · 1817
- Whitaker v. HallCourt of Appeals of Kentucky · 1809
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- In Re Japanese Electronic Products Antitrust LitigationCourt of Appeals for the Third Circuit · 1980
- Stephenson v. Piscataqua Fire & Marine InsuranceSupreme Judicial Court of Maine · 1866
- Swann v. ThayerWest Virginia Supreme Court · 1892
- Boone v. ChilesSupreme Court of the United States · 1836
- Stockley v. CissnaTennessee Supreme Court · 1907
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