4 Ky. 34 | Ky. Ct. App. | 1808
OPINION of the Court, by
aPPe^ant’ w^° was complainant in the court below, founds his equity on the following entry: “June 5, 1780-John Wilson, assignee, &c. enters 500 acres, up* 011 a treasury warrant, on a branch of Jouitt’s creek, at a spring, known by the name of M’Millin’s spring, waters of Kentucky, joining David M’Ghee’s land on the eaSt s^e’ towards the fork of Howard’s creek.” It is proven that jouitt’s creek and Howard’s creek were sufficient!}7 notorious when this entry was made, and it 's not s^ewn {^at David M’Ghee had then located any other land in their vicinity but a settlement right. His certificate from the commissioners is as follows : “ December 2lst, 1779 — David M’Ghee this day claimed a settlement and pre-emption to a tract of land in the district of Kentucky, lying on the head of Jouitt’s creek, a branch of Kentucky river, joining the survey of James Hickman and Patrick Henry, by settlement made in the year 1775, and raising a crop of corn in the year 1776. Satisfactory proof beinff made to the court, they are of ’ j opinion, that the said M’Ghee has a right to a settlement of 400 acres, including the said improvement, &c.” This improvement is also proven to have been wellknown. ’ t i and must be presumed to have been so ; because, from the certificate, aided by the testimony, it appears to foave beea an actual settlement: and moreover, because . , , ’ it is likewise m testimony, that there was a station at the place ; and from, this latter circumstance, it might perhaps be presumed, that the surveys of Hickman and Henry were well known : consequently, that the situation and form of M’Ghee’s land could have been: ascertained. To the east side of this land
Note. — M’Ghee’s pre-emption being unlocated, the call for his land ⅛ a call for his fettUment cnly.-See Craig vs. Macbir, ate 10.