Frame v. Smith

*305Opinion of the Court,

bv Judge Owseey.

Smith having recovered judgment against Frame, for a tract of land in the county of Clarke, commissioners *306were appointed to assess the value of improvident, &c. under the law concerning occupying claimants to land.

Where an oo- ■ cupant has on the "and cropgrowing recovered, successfulthS claimant elects to pay for the imturned out of possession, had11 time ''to gather it; but not where •the crop is ^ ed by a person claiming lin’der the successful claimant.

The commissioners performed the duties assigned them, and reported to court.

Frame excepted to the…