Thomas v. Thomas

*63Opinion of the Court.

THIS was an action of ejectment. Both the lessor of the plaintiff and the defendant claim title under their father, Moses Thomas. The lessor of the plaintiff derives title in virtue of a deed of gift made to him by his father in his lifetime, shortly before his death; and the defendant claims under the will of his father. The tract so conveyed to the lessor of the plaintiff, and that devised to the defendant interfere in a small part, which constitutes the subject of controversy in this suit. On the trial, after the defendant had read the will of his father in evidence,…