Rogers v. Pettus

STAYTON, Chief Justice.

This is an action by appellants to recover four hundred and ninety acres of land, an undivided interest in one-third of a league patented to Jonathan Westover in September, 1841.

On October 12, 1841, West-over conveyed the entire one-third of a league to J. P. Borden, through whom appellees claim. That deed, however, was not recorded until November 30, 1858. On September 1,1842, Westover conveyed to-D. L. Richardson the undivided interest now sued for; and, without reference to the will of Richardson and partition claimed to have been made thereunder, it may be conceded…