Whitley County Land Co. v. Powers' Heirs

Opinion of the Court by

Judge Carroll

Reversing;.

In this action which was brought by the appellant land company in August, 1907, to enjoin trespasses, there is in controversy 114 acres of land, and the question is whether it is owned by the appellant land company or the appellees, the heirs of J. R. Powers. The facts of the ease are very brief and simple, but the questions of law arising on the record are quite important..In 1846 Thomas Foley obtained a patent to a tract of land containing 100 acres in the county of Whitley. Adjoining this tract of land, lies the 114 acres of land now in…