Clay v. Moseley

Judge Owsley

delivered the opinion of the court.

This is an appeal from a judgment rendered: against Clay in an action of ejectment, brought against him by Mosely in the court below.

Two questions are made by the assignment of errors:

1. It is contended that the court below erred in instruct* ing the jury, that nothing passed by the deed of the commissioners to Clay. And

2. That the court erred in giving judgment for more than Mosely shewed title to.

The deed, which was decided by the court to have passed nothing to Clay, purports to have been executed by commissioners appointed under the act…