Perryman's Lessee v. Callison

Overton, j.

This was an action of ejectment commenced by the lessor of the plaintiff against the defendant, and on the trial it appears the lessor of the plaintiff shewed in evidence a grant from the state, with a regular deraignment of title to himself. The defendant then exhibited in evidence, an older grant than the grant of the plaintiff, to the same piece of land, to a third person; and insisted, that having shewn this better title out of the lessor of the plaintiff, he ought to be permitted to recover. The lessor of the plaintiff then shewed that the title of the older grantee was in…