Fishback v. Major

The Chief Justice

delivered the opinion of the court.

The appellee, who was complainant in the court below, asserts his right to the land, which is the subject of controversy, under the following entry:

“12th May, 1780&emdash;Uriel Mallory enters 2000 acres upon a treasury warrant, on the south side of Elkhorn, below the main fork, between the lines of general Stephens; and general Lewis, and to run along Stephens’ line towards the Kentucky river for quantity.”

The appellants have the elder grant, obtained upon ⅞ pre-emption of 400 acres, granted to James M’Nitt for an actual settlement. The…