Starke's Lessee v. Smith

Judge Lane

delivered the opinion of the courts

This is a motion for a new trial of an action or ejectment, tried in the county of Tuscarawas.

*416At the trial, the plaintiff produced a patent for the land to John Starke, dated August 6,1803, and proof of his death; that the lessors of the plaintiff are his heirs and that they have never resided in this state.

• The defendant offered to prove by parol, that in 1800 he purchased of John Starke his warrants, paid a full consideration for them, received and registered them, located and took possession of the lands in 1801, and has since remained in…