Potter v. Reese

Opinion op the Court by

Judge Richardson

Affirming.

This is a second appeal of this case. Potter v. Reese, 221 Ky. 588, 299 S. W. 186. The single issue involved on this appeal was there stated. We held on the former appeal, as we now hold, that there is but one question presented to the. court; i. e.,

“Is the disputed land included in the Isom Potter patent?” After stating the facts pertinent to this issue, we prepared and directed an instruction to be given to the jury on a subsequent trial. On a return of the case to the circuit court, the parties entered into an agreement, now a part of the…