Smith v. Dudley

Opinion of the Court.

THIS is an appeal from a judgment recovered by Dudley in an action of ejectment brought by him against Smith, in the Fayette circuit court. It ap*67pears that a certain Philips, the original proprietor of a military survey, conveyed to two different persons, separate and adjoining parcels or lots thereof. Dudley, the plaintiff in the ejectment, derived title under the conveyance from Philips, of one of the lots ; and the defendant. Smith, claimed title through Philips' conveyance of the other lot; and this suit grew out of a contest between Dudley and Smith, about the true…