Sears v. Bryant

Court of Appeals of Kentucky

Sears v. Bryant

5 Ky. Op. 737, 1872 Ky. LEXIS 353

DecidedJune 25, 1872

StatusPublished

This text of 5 Ky. Op. 737 (Sears v. Bryant) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sears v. Bryant, 5 Ky. Op. 737, 1872 Ky. LEXIS 353 (Ky. Ct. App. 1872).

Pincite

Opinion

Opinion by

Judge Peters:

It has been repeatedly decided by this court that if a patent appear perfect on its face, it cannot be vitiated or annulled by matters dehors the record, except by scire facias, or some other regular mode of proceeding instituted for the purpose of vitiating it.

And even fraud, which vitiates the most solemn proceedings, such as judgments or patents, cannot be relied upon or proved to impeach either collaterally, but the same can only be vitiated or annulled by a direct proceeding affording as high a grade of evidence as that of their creation.

The judgment must therefore be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Judge Peters:

It has been repeatedly decided by this court that if a patent appear perfect on its face, it cannot be vitiated or annulled by matters dehors the record, except by scire facias, or some other regular mode of proceeding instituted for the purpose of vitiating it.

And even fraud, which vitiates the most solemn proceedings, such as judgments or patents, cannot be relied upon or proved to impeach either collaterally, but the same can only be vitiated or annulled by a direct proceeding affording as high a grade of evidence as that of their creation.

The judgment must therefore be affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

5 Ky. Op. 737, 1872 Ky. LEXIS 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sears-v-bryant-kyctapp-1872.