Elliot v. Hensley

Opinion of the Court by

Chief Justice Carroll

Reversing.

In August, 1840, there was issued to Felix J. Gilbert a patent for 50 acres of land in Leslie county. On July 8,1870, W. H. DeGroot obtained four patents, Nos. 43195, 43196, 43197 and 43198, for 200 acres each, the land embraced in these patents being in one body, the southern end of which projected into the senior patent of Gilbert, and to the extent that the land patented to DeGroot lapped over the patent issued to Gilbert it is conceded that the DeGroot patents were void.

In 1876, Robinson became the owner of the land for which patent…