Peyton v. Stith

APPEAL from the chancery side of the circuit court of the United States for the district of Kentucky.

In that court, Joseph Stith, the appellee, filed a bill for an injunction to stay perpetually proceedings by the appellants, on a judgment obtained by them in an ejectment instituted by them as the devisee of Francis Peyton, against Joseph Stith the appellee.

The relief sought by the complainant in the circuit court was founded on the allegation that one Jenkin Phillips, under whom the complainant claimed, made the first entry on the land in controversy; although it was admitted that the plaintiffs in the ejectment held under the eldest patent.

The circuit court decreed a perpetual injunction, as to so much of the land as fell within a certain location made under a survey ordered by that court, within the bounds of Jenkin Phillips's conveyed to the complainant. From the decree the respondents appealed to this court.

The facts are fully stated in the opinion of the court.

The case was argued by Mr Taylor and Mr Jones for the appellants; and by Mr Bibb and Mr Daniels for the appellees.

Mr Justice BALDWIN delivered the opinion of the Court.