Isaacs v. Willis, Lincoln, 1788

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JOHN ISAACS v. WILLIAM WILLIS, Assignee, etc.

SUPREME COURT FOR THE DISTRICT OF KENTUCKY

1 Ky. 25; 1788 Ky. LEXIS 4; 1 Hughes 25

November, 1788, Decided

PRIOR HISTORY:  [**1]  The plaintiff, on the 29th day of November, in the year 1786, entered the following caveat, to-wit:

"Let no grant issue to William Willis, assignee of Lewis Craig, who was assignee of Christopher Hudson, for 100 acres of land, surveyed by virtue of part of a military warrant, No. 248, lying and being in the county of Lincoln, because John Isaacs claims the same, or part thereof, by virtue of an entry made on a pre-emption treasury warrant."

The plaintiff claimed by virtue of the certificate and entries set forth in the last cause.

The defendant, under the following entry, made April 24, 1780, to-wit:

"William Willis, assignee of Lewis Craig, who was assignee of Christopher Hudson, enters 100 acres on the south side of Dick's river, including a large spring, about three-quarters of a mile from Teator's pre-emption, and a north-west course from said Teator's to extend the same course for quantity."

The annexed plat, No. 9, was returned in this cause, of which the following is an explanation:

[SEE PLAT NO. 9 IN ORIGINAL]

1, John Isaacs' improvement. A B C D, John Isaacs' settlement survey. C B E F G H I J K L M, John Isaacs' pre-emption of 1,000 acres [**2]  as surveyed. 2, Fisher's spring; from thence to the cave spring, north 57 1/2 east, 325 poles. 3, Barbee's, formerly Teator's spring; from thence north 46 east, 250 poles, to the cave spring. 4, the cave spring. a b c d, William Willis' survey of 100 acres. d, Teator's corner; north 3 1/2 east, 48 poles, from thence to the cave spring.

DISPOSITION: Judgment for plaintiff for 100 acres. 

OPINION

 [*26]  BY THE COURT.--The defendant's survey of 100 acres is made contrary to his location, and the land is included within the plaintiff's entry on pre-emption warrant, as amended. An entry on a pre-emption warrant may be amended as any other entry, if the amendment appropriates only land then vacant.

Judgment for plaintiff for 100 acres.