Burgin v. Chenault

Judge Beech

delivered the opinion of the Court.

This is an appeal from a judgment in ejectment, rendered in favor of the plaintiff, upon the demise of the appellees against Burgin, the appellant.

The lessors claim the land in contest as embraced in the patent of Calloway, from whom they attempted to deduce title. Calloway appeal's to have conveyed to Hart, and Hart to Nathaniel Tevis.

Tevis died about 1798, leaving a will, in which he devises a certain portion of his land, embracing, as is contended, the land in dispute to be sold to the highest bidder, and the money to be equally divided between…