Mullens v. McCoy

Opinion op the 'Court by

Judge Settle

Affirming.

This action involves tbe title to 78 acres of a "125-acre tract of land on Maynard Fork of Wolf Creek, in Martin county, claimed to be owned by tbe appellee, H. W. MoCoy. Appellee claims to have derived title to tie 125 acres of land as follows: Tbe survey was pat*548ented by the Commonwealth to Farmer Leslie, May 15, 1837, and on September 3,1860, was sold by the patentee, Leslie, and by deed conveyed to James P. Kelley, alias James P. Mullens. The latter, in 1880, sold the same 125-acre tract of land to K. F. Leslie and at the time executed and…