Fox v. Hinton

*559OPINION of the Court, by

Ch, J. Bovcu.

This is a writ of error to a judgment given for the defendant in error in an action of ejectment brought against him by the plaintiff.

The questions which we deem material to be decided in this case, may be thus stated :

1st. Where there are two patents interfering in part, and before possession is taken under the elder patent of any part of the land within its boundaries, one deriving title under the junior patent enters upon the land within the interference, with an intention to take possession thereof, whether the possession of the person so entering…