Boling v. Ewing

Judge Marshall

delivered the Opinion of the Court.

This case was formerly before the Court, and the opinion then rendered (3 Dana, 132,) is refered to, for a statement of the principal facts which then appeared.

On the trial which took place after the return of the cause to the Circuit Court, the evidence on the part of the plaintiff was substantially the same as before: commencing with the exhibition of a patent to John Warford, and a deed executed by him, in 1801, to his children, Joseph Warford, one of the plaintiff’s lessors, and Elizabeth Warford, who afterwards intermarried with Boling,…