Howard v. Clover Fork Coal Co.

*675Opinion op the Court by

Turner, Commissioner—

Affirming.

In July, 1845, on a survey made in December, 1843, there was patented to James Howard, called in this record James B. Howard, 400 acres of land in Harlan county on Kitts’ creek of Clover fork of Cumberland river.

The beginning point as recited in the patent is:

“Beginning on a sugar tree and two buckeyes near the top of the mountain (Little Black Mountain) at the head said creek. ”

Kitts’ creek runs approximately from south to north, and heads up against that part of Little Black Mountain running generally, east and west. There are two forks…