Kitcherside v. Myers

By the Court,

Lord, C. J.:

From the pleadings and evidence, it appears that the defendant and those under whom he claims have been in the open and actual possession of the land in controversy since the year 1855, and that this land was included in the original notification of John Myers under the Donation Act, but *22that subsequently he filed a corrected notification in which the land in dispute was not included, but relinquished, and that after due proof of residence and cultivation, he received from the proper officer a donation certificate, and finally a patent, as donee of the United States,…