Patrick v. Woods

*223OPINION of the Court, by

Judge Trimble.—

Woods, who was complainant in the court below, claimed by his bill the moiety of a settlement and pre-emption, the legal title of which is vested in Mrs. Patrick, as heir at law to Richard Calloway, dec’d. upon the ground of an alleged custom of the country entitling Thomas Brooks and Caleb Calloway, under whom he *224claimed by purchase, to one half of the land for the 1⅛» eating of the pre-emption warrant, and surveying and registering the settlement and pre-emption, and paying the expenses thereof. This claim was sustained by the Fayette circuit court;…