Ware v. Hager
| Decision Date | 26 June 1907 |
| Citation | 126 Ky. 324,103 S.W. 283 |
| Parties | WARE v. HAGER, AUDITOR. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Franklin County.
"To be officially reported."
Action by Fanny Ware against S.W. Hager, auditor. Judgment for defendant, and plaintiff appeals. Affirmed.
Hazelrigg Chenault & Hazelrigg and Orie S. Ware, for appellant.
N. B Hays, Atty. Gen., C. H. Morris, and Greene & Van Winkle, for appellee.
This action was instituted by appellant Fanny Ware in the Franklin circuit court against appellee S.W. Hager, auditor of public accounts and ex officio custodian of the land office, to compel him to file the certificate and plat of the county surveyor of Campbell county for a tract of vacant unappropriated land in that county entered and surveyed by appellant pursuant to an order of the Campbell county court and to issue her a patent therefor. All the proceedings necessary for the issuing of a patent are specifically set out in the petition. But the tract of land sought to be patented consists of 200 acres beneath the waters of the Ohio river and lying between the thread of the stream and the low-water mark on the northern shore. It is alleged that the land south of the Ohio river and opposite the land sought to be patented has heretofore been duly patented by the commonwealth, and that these patents call for a corner on the south bank of the Ohio river, and thence with the river as it meanders to another point on the south bank of the river. The circuit court dismissed the petition, and the plaintiff appeals.
It is well settled that the boundary of the state of Kentucky extends to the northern shore of the Ohio river at low-water mark. Handley v. Anthony, 5 Wheat. (U. S.) 374, 5 L.Ed. 113; Louisville Bridge Company v. Louisville, 81 Ky. 189. It has also been held by this court that patents issued by the state of Kentucky for land on the Ohio river give the patentees title to the thread of the stream ( Berry v. Snyder, 3 Bush, 266, 96 Am. Dec. 219; Miller v. Hepburn, 8 Bush, 326), and it is insisted for appellant that the land north of the thread of the stream and between that and the low-water mark on the northern shore is vacant land. On the other hand, it is insisted for the appellee that, as the state of Kentucky owns no land on the opposite side of the river, the Kentucky patents for land on the south bank of the river should be held to extend to the state boundary line, and that therefore the land...
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Walker v. Felmont Oil Corporation
...Co. v. City of Louisville, 81 Ky. 189; State of Indiana v. State of Kentucky, 136 U.S. 479, 10 S.Ct. 1051, 34 L. Ed. 329; Ware v. Hager, 126 Ky. 324, 103 S.W. 283; Willis v. Boyd, 224 Ky. 732, 7 S.W.2d 216; City of Covington v. State Tax Commission, 231 Ky. 606, 21 S.W.2d 1010. The specific......
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Walker v. Felmont Oil Corporation
...Bridge Co. v. City of Louisville; State of Indiana v. State of Kentucky, all supra; Berry v. Snyder, 1867, 66 Ky. 266; Ware v. Hager, 1907, 126 Ky. 324, 103 S.W. 283; Bedford-Nugent Co. v. Herndon, 1922, 196 Ky. 477, 244 S.W. 908; Willis v. Boyd, 1928, 224 Ky. 732, 7 S.W.2d 216; City of Cov......
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City of Covington v. State Tax Commission
...745, 82 S.W. 363, 364, 1012, 26 Ky. Law Rep. 628, 1015; Bedford-Nugent Co. v. Herndon, 196 Ky. 477, 244 S.W. 908; Ware v. Hager, 126 Ky. 324, 103 S.W. 283, 31 Ky. Law Rep. 728; McGill v. Thrasher et al., 221 Ky. 789, 299 S.W. 995, and numerous others cited in those opinions. In passing, it ......
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City of Covington v. State Tax Commission
... ... Jacobs, 118 Ky. 745, 82 S.W. 363, ... 364, 1012, 26 Ky. Law Rep. 628, 1015; Bedford-Nugent Co ... v. Herndon, 196 Ky. 477, 244 S.W. 908; Ware v ... Hager, 126 Ky. 324, 103 S.W. 283, 31 Ky. Law Rep. 728; ... McGill v. Thrasher et al., 221 Ky. 789, 299 S.W ... 995, and numerous others ... ...