[Reports of Civil and Criminal Cases Decided by the ..., Volume 13; Volume 76, p 457]
Dozier, &c. v. Barnett, &c.
... On the 5th day of January, 1853, Lewis Barnett, of the county of Estill, made a deed by which he conveyed a tract of land lying in Estill County to the children of his sons, Matthew and Stanton Barnett, and the children of his daughter Barthena Dozier, who was the wife of Joseph Dozier. This deed was never admitted to record in the clerk's office of the Estill County Court, but was acknowledged before the clerk of that court shortly after it was made. The vendor and his children resided on the land till his death, when his children took possession, and Matthew and STanton Barnett sold their supposed interest to appellee Stacy, and Joseph Dozier and wife sold their interes to appellee Park. The deeds of the Barnetts and Dozier and wife to Stacy and park were made after the death of Lewis Barnett by his children and heirs-at-law, and the question now to be decided is, who has the best title - the vendees of Lewis Barnett under the unrecorded deed made in 1853, or Stacy and Park, the purchasers from Barnett's heirs in 1865 and after his death? ...
