Slaven v. Dority

Opinion op the court by

Judge Miller

Reversing.

This is a suit in ejectment brought by E. K. Dority against his father, H. C. Dority, and the other children of H. C. Dority, to recover a small tract of land on Laurel Branch and the waters of Bear Creek in Whitley County. The jury found for the- plaintiff, and the defendants have appealed.

H. C. Dority, the father, owned and lived upon what is known as the “Abbott Survey” or patent of 250 acres. In 1854 Wait and Hudson patented 9,600 acres of land, which included the Abbott survey within its boundary, but expressly excepted it as being a senior…