Ritchie v. Owsley

Extended Opinion by

Chief Justice Hobson.

In Fox v. Hinton, 4 Bibb. 559, the court had before it these questions:

“1. Where there are two patents interfering in part, and before possession is taken under the elder patent of any part of the land within its boundaries, one deriving title under the junior patent enters upon the land within the interference, with an intention to take possession thereof, whether the possession of the person so entering shall be construed to be co-extensive with the interference, or shall be confined to his fence or close?

“2. If his possession should be construed to…