Brown v. Jackson
Supreme Court of the United States
Error to the circuit court for the district of Kentucky. This weis an' action of ejectment, brought- by the defendant in error against the plaintiff in error, to recover the possession of certain lands in the state of Kentucky. Tó support his action, the plaintiff bélow showed the following title': a phtent to Alexander Skinner; the will of Alexander Skinner, devising all his estate to- Henry Lee; and a deed from Henry Lee to.
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Error to the circuit court for the district of Kentucky. This weis an' action of ejectment, brought- by the defendant in error against the plaintiff in error, to recover the possession of certain lands in the state of Kentucky. Tó support his action, the plaintiff bélow showed the following title': a phtent to Alexander Skinner; the will of Alexander Skinner, devising all his estate to- Henry Lee; and a deed from Henry Lee to. Adam Craig, conveying the tract , of land in controversy specifically by metes and bounds, describing himseúf as devisee of Skinner; with a regular .deduction, of title…
1Opinion of the CourtJustice Todd
of the court. In this case the question of fact, whether the deed of Henry Lee to Adam Craig was duly executed on the day it bears date, was left by the court to the jury, and upon the evidence, they properly found a verdict in favour of that .deed, as an existing deed at that time.
The material question for the consideration of this court is, whether, under the.circumstances of this case, the deed of Henry Lee to Henry Banks, which was executed after, but recorded before, the deed of Lee to Craig has a priority over the latter.
This depend? upon the construction of .the terms of the conveyance…
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