The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1903-05-08
LAND GRANTS.
More About The Recent Decision
in Regard TO East Kentucky
Patents.

The following article from Judge
J. +. Hager was addressed to the
Ashland Daily Independent and
published in that paper few days
ago. 1t is Of interest to Big Sand.
ilns:
Very considerable local interest
has been aroused by the opinion OF
Judge Cochran, holding patent Is
sued November, 4, 1873, to G. o.
Lockard for 10000 acres of land in
Harlan county as void, because 1t
issued under the Revised Statutes
OF Kentucky, which took effect
July !, 1852, and which, in the opln-
ion OF Judge Cochran, did not au-
thorize any person TO enter, survey
o. patent mere than 200 acres, and
that as there was no statutory
authority for the assurance of the
patent in question, the same was
void upon its face, and conferred no
title whatever.
Judge Cochran's opinion recog-
nizgs that sundry amendments had
passed validating surv eys Tor
greater number Of acres than two
hundred in the counties OF Law
renee, Martin, Floyd, Pike, Perry,
Clay, Letcher, Bell and johnson,
and In other counties not necessary
here to be referred to.
An act Of the Legislature Of Ken
lucky not referred to by counsel or
in tho course OF the opinion Of
Judge Cochran has a most impor.
tant bearing upon the general
question, and 1t is Of such general
public interest in this section OF
the State, that venture the belief
Ilhatits publication would be wei
coined. ! herewith enclose copy
that 1t may be published, should
you concur in my view that pubic
lHterest Won d be subserVed there.
lby.
This law is general and applies
lt0 the entire State, and makes 10.
gal aud valid surveys and patents
! for land In oxess OF two hundred
Iucres made after July /, 1852, and
prior to March 0, 1868, except IN
leases where the entry was pro
Icarcd, the survey made and thu
patent issued to surveyors or depu
ties for their own use or benefit
\ This would limit the effect OF Judge
i COchran's decision as rendering
patents invalid, save in the coun
ties named, In excess OF two hun
bred acres, to periods Of issue sub
soqucut to March 0, 1865.
( II should be clearly understood
that the sounduess Of Judge Coch
ran opinion in holding the partlc
.ular patent to be invalid, as it Is
sued subsequonttc March 8, 1865
in a county where the general Law
only applied, is not here brought II
question. Indeed, It may be con
5istently claimed that the euacl
ment itself supports Judge Coch
ran'- construction, because the pre-
am le states that the Act was to b
passed to remove doubts as to Ii
legality OF grants In excess Of tw
hundred acres under the Revise
Statutes In force at the time,
Between 1852 aud 1868, through
out Eastern kentucky, are to b
found numer, as instances otgrant
+, tn excess OF 200 acres. Asa rul
they were obtained by citizens /
the several counties, aud comparl
lively few OF them were OF the larg
and sweeping boundaries OF late
patents Of which complaint he
= since been made.
IN my Judgment, this is sal,
ttry law, aud lis eject beneficial
E II the publication Of the Act sha
] prove OF general interest, thanl
are fist due to the Investigate
and research Of Alexander Lacke
+ Esq Of Louisa, who first called
= to the attention OF the writer.
Very truly yours,
JoHN Il. HAGER,