Wholey v. Cavanaugh

Hayne, C.

Ejectment. Judgment for defendant. Plaintiff appeals.

Both parties claim through one Whitmire. In 1860, Whitmire, who then had only a school-land certificate of purchase upon which twenty per cent of the price had been paid, executed to one Coats an instrument, which is considered below, and Coats subsequently conveyed to the defendant. In 1878 the state issued a patent to Whit-mire, who, in 1884, made a deed to the plaintiff.

*134The plaintiff’s position is, that prior to the issuance of the patent, Whitmire had merely an interest which, while regarded as the legal title as against third…