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Applegate Vs. Lexington and Carter County Mining Co.
Cites for this judgment
- US Supreme Court
- Mar 15, 1886
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- Distinguished
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Applegate v. LexingtonSearch
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Carter County Mining Co. - 117 U.S. 255 (1886) U.S. Supreme Court Applegate v. LexingtonSearch
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Carter County Mining Co., 117 U.S. 255 (1886) Applegate v. LexingtonSearch
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the original deed, is competent and sufficient evidence that the deed was put on record in the year named. Stebbins v. DuncanSearch
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also a part. 10. A certified copy from the Mason County Circuit Court of the record in the case of Carey L. Clark v. JosephSearch
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Fleming to John and William Bryan, and the copy of the record from the Mason County Circuit Court in the case of Clark v. ConklingSearch
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Court of Greenup County, Kentucky, among the original papers of a suit in that court brought by one James Hughes v. TheSearch
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collateral fact of the antiquity of the original deeds offered in evidence and to account for their custody. Barr v. GratzSearch
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offered in evidence by the plaintiffs in this case, which were found among the other papers in the case of Hughes v. TheSearch
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and was shown to be proper and beyond suspicion. It further appeared that upon the trial of the case of Hughes v. Shore'sSearch
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the other without signature, to the effect that the deeds had been recorded in the year 1816. In the case of Stebbins v. DuncanSearch
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other corroborative evidence of its authenticity freeing it from all just grounds of suspicion. Thus, in Barr v. GratzSearch
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support of the decree in that suit, it was admissible without the regular proof of its execution. So, in Caruthers v. EldridgeSearch
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expected under all the circumstances of the case, and as will afford the presumption that it is genuine. In Harlan v. HowardSearch
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Doe v. PassinghamSearch
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Rancliffe v. ParkynsSearch
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Jackson v. LarowaySearch
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Hewlett v. CockSearch
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the deed was always sufficient without other proof, but it was not indispensable. He approved the decision in Jackson v. LarowaySearch
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ubi supra, which he said had been recognized as law in Jackson v. LuquereSearch
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In the same year in which they were recorded, they were mentioned and referred to in the bill filed by Hughes v. Shore'sSearch
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it. It remains to consider the exclusion by the circuit court of transcript of the record in the case of Clark v. ConklingSearch
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jurisdiction, and are so clear as to require no discussion of the question, for, as was said in Grignon's Lessee v. AstorSearch
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indeed the statute expressly or by implication requires it. The court which made the decree in the case of Clark v. ConklingSearch
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every presumption not inconsistent with the record is to be indulged in favor of its jurisdiction. Kempe's Lessee v. KennedySearch
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Voorhees v. BankSearch
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Grignon v. AstorSearch
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In Harvey v. TylerSearch
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P. 69 U. S. 342 . In Hall v. LawSearch
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The case of Voorhees v. BankSearch
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of record, and the judgment of the court, so far as it affects such property, will be valid. The case of Galpin v. PageSearch
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was the unauthorized act of the party, and appeared affirmatively to be invalid and ineffectual. See also Pennoyer v. NeffSearch
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U.S. Supreme Court Applegate v. LexingtonSearch
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of Carey L. Clark v. JosephSearch
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of Clark v. ConklingSearch
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James Hughes v. TheSearch
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Barr v. GratzSearch
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of Hughes v. TheSearch
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of Hughes v. Shore'sSearch
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of Stebbins v. DuncanSearch
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Caruthers v. EldridgeSearch
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In Harlan v. HowardSearch
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Jackson v. LuquereSearch
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Hughes v. Shore'sSearch
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