Harris v. Lavin

Opinion by

Judge Holt:

This action in ordinary was brought in the name of Patrick Lavin against the appellant, James P. Harris, to recover a small tract of land. The petition is of the ordinary ejectment form.

The answer contains a general denial of the allegations of the petition; claims the land under an elder patent to that upon which the plaintiff relies; and also seeks to defeat a recovery by the plea of adverse possession and limitation.

The testimony discloses that in the year 1842 a patent issued to one, John B. Harris, for 2,475 acres of land, less 625 acres by reason of a prior claim!;…