Lewis v. M'Gee

Judge Owsley

delivered the opinion of the court.

This was an ejectment, brought by the appellee in the court below, to recover the possession of a tract of land held by the appellant under an adverse claim.

The appellee asserted his title under the will of Thomas M’Gee, in whose name a grant appears to have issued from the commonwealth of Virginia in 1784; but as the devisor is proven to have departed this life before that time, there can have been no grantee, capable at the date of the grant, of taking the thing granted, and, consequently, as a sufficient grantee is of the essence of every…