Whitley v. Bramble

Judge Simpson

delivered the opinion of the Court.

In this action of ejectment, the lessor of the plaintiff, ‘to show title to the land in contest, relied upon a patent in his own name, bearing date the 4th of December, 1845.

The plaintiff in error, who was the defendant in the *144Court below, gave in evidence a copy of a plat and certificate of survey made in the name of Joseph Russell, dated the 23d of March, 1789, on a Virginia Land Office Treasury warrant, and having produced evidence conducing to prove that said survey included the land in his possession, moved the Court to instruct the jury,…