Court of Appeals of Kentucky May 10, 1805 (Kennedy's Heirs v. Payne)

The Opinion of The Court was as followsIt is only necessary to consider the first error which is alleged; and were this the first suit in which the point had been decided, for its extensive importance, it would deserve a very particular investigation : but at, an early day it was settled by the late supreme court for the district of Kentucky, in the case Smith vs.