Harlan's Heirs v. Seaton's Heirs
Court of Appeals of Kentucky
Case 42. Pet. Eq. APPEAL FROM GREENUP CIRCUIT. Argued: The judgment of the circuit court, in dismissing plaintiffs’ petition, is erroneous for the reasons following: 1. The possession of the land in controversy was constructively in the Harlans for more than forty years before any hostile entry by Seaton upon any part of it. 2. We think the evidence of the execution of the deed by Thomas Keith to Joshua Harlan, in 1794, is ample.
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Case 42. Pet. Eq. APPEAL FROM GREENUP CIRCUIT. Argued: The judgment of the circuit court, in dismissing plaintiffs’ petition, is erroneous for the reasons following: 1. The possession of the land in controversy was constructively in the Harlans for more than forty years before any hostile entry by Seaton upon any part of it. 2. We think the evidence of the execution of the deed by Thomas Keith to Joshua Harlan, in 1794, is ample. It is seldom that so much proof of ,a character so convincing, if not conclusive, can be found after so great a lapse of time. Four witnesses attested the seeding…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
The land in contest was patented to Thomas Keith in September, 1787. The plaintiffs claim it, as the heirs at law of Joshua Harlan, deceased, under a deed to their ancestor, purporting to have been executed by the patentee, for a valuable consideration, in the city of Philadelphia, in October, 1794, but which was not recorded until October, 1851.
The defendants claim it by virtue of a purchase by their ancestor from the heirs at law of the patentee after his death, and deeds of conveyance executed by them in pursance of the purchase prion f^he…
2Cases cited2 opinions
- Hancock v. Beverly's heirsCourt of Appeals of Kentucky · 1846
- May's Heirs v. BennettCourt of Appeals of Kentucky · 1823