Burdyne v. Mackey

'Opinion of the Court, delivered by

Scott, Judge.

J. Mackey as executrix of James Mackey, deceased, instituted an action of ejectment in the St. Charles circuit court against Amos Burdyne, who, it was proved, was in possession of the tract of land in controversy. Mackey obtained a verdict and judgment below, and the cause is brought here by writ of error. James Mackey, it seems, claimed a large tract of land, partly situated in St. Charles county, by virtue of a Spanish concession and survey, of which the lot in dispute is a parcel. This claim was presented to the first board of commissioners…