Green v. Witten

Opinion of the Court by

Judge McCandless

Affirming.

Plaintiff sued in equity alleging ownership and possession of a small tract of land which is described as follows :

“Bounded on the south by the lands of Wilt Witten; on the west by the lands of James LeMaster; on the north by the lands of S. G. Preston; on the east by the lands of W. W. Brown, and containing 15 acres, more or-less.”

He traces his title back to a patent issued to Henderson Castle in 1865. This purported to contain 90 acres, from which were to be excluded 50 acres which it is admitted were included in a prior patent issued to…