Thruston v. Masterson

Judge Ewing

delivered the Opinion of the Court.

Masterson and Miller, claiming by deed of conveyance, under William Phillips, brought an action of ejectment against the tenant of one Perciful, and recovered judgment for the lower half of Phillips’ pre-emption.

The Thrustons and others, claiming to be in possession of the land recovered, filed their bill, setting up superior equity, under the following entry and junior patent thereon: to wit. “May 22d, 1780, Charles Minn Thruston enters eight thousand acres upon Treasury warrants, on Woolper’s creek, about eight miles below the Big Miami, to…