Ray v. Barker's heirs

Judge Ewing

delivered the .Opinion of the Court.

Barker’s heirs, claiming under the elder patent, which issued in 1826, on a survey made in 1826, by virtue of an entry made on a military warrant in 1784, on the south-west side of the Tennessee river, brought an action of ejectment and recovered judgment against Ray, who •was in possession, claiming under a junior patent which issued for a quarter section of land under the laws of Kentucky. From this judgment Ray has appealed to this Court.

In the progress of the trial, evidence was adduced tending to show that Ray settled on the land in…