Com. v. Wilson
| Decision Date | 05 October 1889 |
| Parties | COMMONWEALTH v. WILSON. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Harlan county.
"To be officially reported."
P. W Hardin, Atty. Gen., for the Commonwealth.
The offense charged in the indictment against the accused is forgery alleged to have been committed as follows: ' It is further alleged that said Caldison and McKnight were not chainmen in making said pretended survey, which was not in fact made at all. Nor was a copy of any such survey recorded upon the surveyor's book by said Wilson, who was surveyor of said county, or any one else. But said plat, certificate, and survey, together with the names of said Caldison and McKnight, were, for the purpose aforesaid, forged. As a demurrer was sustained to the indictment the only question before us is whether the facts stated constitute a public offense.
By section 2, c. 109, it is provided that any person who wishes to appropriate any vacant and unappropriated lands may, on application to the county court of the county in which the same lies, and paying therefor such price as the court may allow,--not less than five dollars per hundred acres,--obtain an order of court authorizing him to enter and survey any number of acres of such land in the county,--not more than 200. And the party obtaining such order may, by an entry in the surveyor's book of the county, (describing the same,) appropriate the quantity of land it calls for in one or more parcels, as he may think proper; but no person shall enter survey, or cause to be patented more than 200 acres of land in any one county. By section 3 it is made the duty of the surveyor to survey the entries in the succession, in point of time, in which they are made, in the presence of two disinterested housekeepers as chainmen, whose names must be placed at the bottom of the plat and certificate. Such survey must be made within six months after the date of the entry, and a plat and certificate of the survey must be made out by the...
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Merchants' Bank & Trust Co. v. People's Bank of Keyser
... ... Wolferman v ... Bell, 6 Wash. 84, 32 P. 1017, 36 Am.St.Rep. 126; ... Beaman v. Russell, 20 Vt. 205, 49 Am.Dec. 775; ... Wilson v. Hayes, 40 Minn. 531, 42 N.W. 467, 4 L.R.A ... 196, 12 Am.St.Rep. 754; Tharp v. Jamison, 154 Iowa ... 77, 134 N.W. 583, 39 L.R.A. (N. S.) ... Leps? Blackstone defines forgery to be the fraudulent making ... or altering of a writing to the prejudice of another ... man's rights. 4 Bl. Com. 247. Wharton's definition ... is: "Forgery is the fraudulent falsifying of an ... instrument to another's prejudice." 1 Wharton Crim ... Law ... ...
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Tiarks v. First Nat. Bank of Mobile, 1 Div. 149
...supporting assured's contention are Merchants' Bank & Trust Co. v. People's Bank of Keyser, 99 W.Va. 544, 130 S.E. 142; Commonwealth v. Wilson, 89 Ky. 157, 12 S.W. 264; In re Clemons, 168 Ohio St. 83, 151 N.E.2d 553; People v. Kubanek, 370 Ill. 646, 19 N.E.2d 573; People v. Filkin, 83 App.D......
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Carter v. State, 19131.
...employed, is not an exercise of legislative function, but administrative in its operation and application. See, Commonwealth v. Wilson, 89 Ky. 157, 12 S.W. 264, 25 Am.St.Rep. 528. We therefore overrule appellant's In the brief filed herein by amici curiæ, it is strenuously contended that th......
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State ex rel. Cole v. Trimble
...to commit forgery of an instrument executed by himself.' This language is quoted in the case of Commonwealth v. Wilson, supra, page 161, (12 S.W. 264), in support of the that Wilson was guilty of forgery. Lord Coke says that forgery 'is properly taken when the act is done in the name of ano......