Baseman's Heirs v. Batterton

Judge Nicholas

delivered the following Opinion and decision, of the majority of the court — from which Judge Underwood dissented.

Basemen died possessed of a tract of land which he held by,virtue of a bond for the title from Owings; and com-'issioners appointed by the county court of Bourbon, in 1798, made partition of it between five of his children, of whom Catharine was one. Hopper afterwards married Catharine, and took possession of the portion allotted to her.

In 1803, they united with the others between whom the tract had been divided, in a suit in chancery against Owings, for a conveyance…