|Appeal from Circuit Court, Clay County|
|Garrard Vs. White|
Court of Appeals of Kentucky.
WHITE et al.
December 18, 1890.
Appeal from circuit court, Clay county.
The ancestor of the appellee obtained a patent for 500 acres of land defined by metes and bounds, in the year 1826. The land descended to the children of Hugh White, the patentee, and has been divided between them with a continued possession for many years. That appellant, not long before the bringing of this action, had a survey made under a county court warrant for 200 acres of land, all of it except 10 or 15 acres being within the boundary patented in 1826 to White. The appellee, to prevent a patent from issuing to the appellant, filed with the register his caveat showing the reasons why the patent should not issue until the rights of the parties were determined. The rights of the parties have been settled in a litigation in the Clay circuit court by a judgment in favor of the appellee. The case was tried by a jury under instructions that were not objected to, and a verdict for the appellee upon facts that establish in White's heirs a clear title.
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