Hord v. Bodley

*88Opinion of the Court,

by Judge Owsley.

THIS ejectment was brought by Hprd against Bodley in the court below, and was served upon the tenants in possession on the 12th of August, 1817.

Although the elder patentee, in coníawPlmust be adjudged to be possessed the lan?’ „¡or patentee had an autua,ie®^emeni: ,v¡X0°ut being actually oust®d,^the tee may1 elect to be disseizetI> for ,he °f under which the expdkscl. The act of 1 t0 com‘ pel the ’usta<*"f iancTclaims does not vary the law.

*89Each party claims the land in contest under adverse interfering patents. The patent under which Bodley claims, is…