Devour v. Johnson

*409OPINION of the Court, by

Judge Owsley.-

De-

vour holding an interest with Johnson, &c. in a preemption of Elijah M’Clain, brought suit in chancery against them lira division. On a final hearing of that suit, partition was decreed ; but it was in that decree provided that should either part} be thereafter legally evicted by any other title, from any part of the land, the other should reconvey a proportionable quantity.

After this, suit was brought against Johnson,'upon settlement and pre emption of John Eilis, to the land allotted to Johnson, By consent of the parties to that suit, it was…