Smith v. Walton

Judge Owsley

delivered the opinion of the court.*

Notwithstanding the term may have elapsed, at which the final decree of eviction was pronounced, and although Smith and Dennison may have secured the possession of the land, yet their having agreed that Walton should have every advantage and privilege which he might, under the law, have claimed before a change of the possession, upon the principles decided by this court, in the case of Craig and Majors, 1 Marshall, 187, we have no doubt their motion for the ap*26pointment of commissioners under the occupying claimant law, did not come too late.

Commi…