Preston's Heirs v. Bowmar

ERROR to the Circuit Court of Kentucky. This was an ejectment brought in the Court below, in which the lessor of the plaintiff claimed title under a patent, describing the survey as 'beginning at an ash in the middle of a line of Glenn's land, and with it north 20 degrees, east 800 poles, crossing three branches to a hoop wood and sugar tree corner to Moffat's land, and with a line thereof north 70 degrees, west 100 poles, crossing the creek to a sugar tree south 33 degrees, west 820 poles, crossing three forks of the creek to two sugar trees, south 70 degrees, east 300 poles, to the beginning.' The question arising upon the construction of this patent, is stated in the opinion of the Court. March 12th. This cause was argued by Mr. B. Hardin, for the plaintiff, and by Mr. Balbot, for the defendant. March 16th. Mr. Justice STORY delivered the opinion of the Court.