Overton v. Roberts

OPINION of the Court, by

Judge Owsxey.

This is a contest for lamí under adverse interfering claims, The appellants were defendants in the court below, and re'j ul)on elder patent. The contest turns, therc-fore, exclusively on the validity of the appellee’s claim, derived under the. latter of' the following entries:

“November 19, 1183 — Henry Banks enters 5000 acres, pin t, &c. beginning at the first main fork of Bra-shears’ creek, which is about 7 or 8 miles upon a direct ¡:,ie the mouth, and to run up in the fork, binding on both creeks, till the quantity be obtained.”

“ Also 5000 acres, part,…