Lake v. Wafer

Hemphill, Oh. J.

The plaintiff in error having failed to prosecute the writ of error, the defendant submits the record and prays an affirmance of the judgment.

The suit was instituted by Wafer, the deceased intestate of the defendant in error, who claimed under a patent to himself as assignee ; the defendant below (who is plaintiff in error) claimed as a colonist of Mercer’s colony.

The plaintiff produced his patent, but as this was not set out, its date does not appear from the record. This is of little importance, however, as the contest seems to have been between the equities of the parties,…