17 Ky. 142 | Ky. Ct. App. | 1824
Opinion of the Court, by
THIS is a controversy for land, under adverse in-ferfering claims. The appellees, who were complainants in the circuit court, assert their claim in virtue of an entry in the name of Jacob Larue, for 18,000 acres, made the 3d of February 1783, and which was surveyed in two surveys, on which patents issued to Larue, the tCfh of May 1793; and the complainants derive their title from Larue, through a conveyance from him to Thomas Lewis, and the will of Lewis, in which he-devises his estate to them. The defendant derives title under two patents interfering with each other, the one for 400 acres, and the other for 1,000, both of wdiicb are of elder date than that of Larue. Thecir-cu^ cou,,f; decreed in favor of the defendant, as to the laud included in the patent for 400 acres, and decreed him to convey to thte complainants the residue of the 1,000 acre tract, so far as it was included in Larue’s
The deed from Larue to Thomas Lewis is a convey-anee of the whole 18,000 acres patented to Larue, except six several parcels thereof, which had been before sold and conveyed by Larue to others named in the deed, amounting in all to 2,489 acres.
The decree must be reversed with costs, and the cause be remanded, that the bill may be dismissed with costs.