O'Bannon v. Roberts' Heirs

Judge Nicholas

delivered the Opinion of the Court.

The heirs and administrator of Roberts filed their bill against Q’Bannon, to recover compensation for the use of a small tract of land, which descended to them and the wife of O’Bannon, from Roberts, their father, and which O’Bannon had occupied since his death, and for some years previous thereto. The occupancy, during the life time of Roberts, they allege to have been under a lease, the terms of which they do not know, and require a discovery.

O’Bannon answered, that he originally took possession under a lease from Roberts, but that before-its…