Davis v. Young

The Opinion of the Court in this case

Chief Justice Robertson and Judge Nicholas concurring, Judge Underwood dissenting

was delivered by the

Chief Justice,

as follows.

This is a'case of forcible entry and detainer, in which Davis, the plaintiff below, having failed, has appealed to this Gourt.

The land in contest was never enclosed, and is included by both the elder patent under which Young holds, and the junior grant under which Davis holds.

Each party had resided for many years, and still lives, within the bounds of the patent under which he claims, though the dwelling house of neither of them is,…