Jackson v. Jeffries

Judge Owsley

delivered the opinion.

This case was formerly before this court, and tire opinion then given, is contained in 1 Marshall, Rep. 88.

It appears that in December, 1785, there issued from the commonwealth of Virginia to Duncan Rose, a patent for the land now in contest; that, in January, 1785, Duncan Rose made and published his last will and testament, and, among other things therein mentioned, authorised his executors to sell the land in contest; that said Rose having departed this life, his will was regularly proven and admitted to record in the proper county in Virginia at the…