Lewallen v. Mays

Opinion op the Court by

Judge Richardson —

Reversing.

The title and possession of about one-half acre of land are involved in this action.

Original surveys and patents were made in the name of Andrew Evans to the land of which the one-half acre is a part, or surrounding it, if it is not a part of the boundaries embraced in the patents. Nevertheless, the parties agree that Lewallen’s land lies wholly outside of the Evans patent. His farm is on the south side of Polar creek and the Mays’ farm on the north side.

The boundary of land to which Lewallen asserts paper title is contained in a deed dated…