Farra v. Begley

Opinion of the Court by

Judge Latimer

— Affirming.

The question to be determined here is whether or not the mining operation of the owners of a junior patent is situated within the portion of the boundary where the junior patent overlaps a senior patent.

Appellants, as plaintiffs below, filed an equitable action asserting title to a boundary of land on Gay’s Greek in Perry County, which was a portion of a 1000-acre survey issued to Jesse Begley under survey and patent of May 10, 1848.

Appellees assert title to a 20-acre patent issued to H. M. Begley on a survey made December 10, 1918. This junior…