Henry Hollingsworth, Heir of Levi Hollingsworth, Appellant v. Philip Barbour and Others

This was a bill, filed on the equity side of the court, by the appellants, setting forth, that on the 21st of February 1784, a certain John Abel Hamlin entered, with the proper surveyor for the district of Kentucky, forty-five thousand acres of land, lying in the county of Washington; by virtue of sundry treasury warrants, issued by the state of Virginia. That a survey was made thereon, on the 13th of April 1786; and a patent issued the 8th of June 1798, to the said John Abel Hamlin. That previous to the date of such entry, the complainant had purchased from the said Hamlin the warrants on which the entry and surveys had been made, for the sum of three thousand seven hundred dollars; which he paid. That although the entries, survey and patent were in the name of said Hamlin, they were for the benefit of the complainant; who alleged the equitable title thereto as belonging to him. That Hamlin being dead, without having made a conveyance, the complainant, in 1814, exhibited his bill in chancery, in the circuit court for the county of Washington, against the unknown heirs of said Hamlin; and obtained a decree of said court, ordering them to convey to him the legal title of said lands, by a day named in said decree; in default whereof the court appointed a commissioner for that purpose, who, by deed approved by the court, conveyed the same to the complainant on the 15th of August 1815: by virtue of which decree and conveyance, he became vested with the right, title and interest of said Hamlin to all the lands embraced in the patent of the commonwealth to him. The bill then sets forth, that the defendants, sixty-six in number, had obtained grants of various portions of the land patented to Hamlin, and were in possession of the same, by virtue of warrants, entries and surveys adverse to his: and concludes with a prayer against the appellees, the respondents below, that they may be compelled to convey to the complainant the land claimed by them respectively under their patents, which were elder than the one to Hamlin.