Holder's Heirs v. Jouitt

Opinion of the Court, by

Judge Owsley.

THIS is a contest between adverse conflicting pre-emption claims. The appellee, who was complainant in the court below, claims under that in his own name, and the appellants claim under that which was obtained in the name of John Howard.

The certificate and entry with the surveyor in the name of Howard, are elder in date than those in the name of Jouitt; but the court below sustained the entry of Jouitt, and held that of Howard invalid, and decreed the heirs of holder to surrender to Jouitt the elder legal title derived by them from Howard.

Whether either of…