Doe ex dem. Gaines v. Buford

Judge Uiíderwood and Judge Nicholas

delivered separate Opinions in this case — in the decision of which the Chief Justice, being related; to one of the parties, took no share.

Judge UndeRwood: —

The plaintiff relied on a grant to

John Harvie, dated in 1786; the defendant on a grant to Bartlett Bennett, dated in 1789, and continued possession, by settlement and residence of tenants, for seven years prior to the institution of suit.

The evidence concluded, the plaintiff moved the court for various instructions. Among them were the following, which the court refused to give:—

1. That an adverse…