Old Grant, On the Demise of Samuel Meredith, Plaintiff in Error v. John M'Kee

This is a writ of error to a judgment of the Court of the United States, for the Seventh Circuit, and the district of Kentucky, awarding restitution of lot No. 108, in the town of Falmouth, to the defendants in error; who had been turned out of possession, by virtue of a writ of habere facias possessionem, issued on a judgment in ejectment, in favour of the plaintiff in error. Previous to the institution of the suit, the town of Falmouth had been laid out, in pursuance of an Act of Assembly, and lot No. 108 had been sold and conveyed to George Hendricks. The law establishing the town of Falmouth, directed that the lots should be sold, subject to the condition of making certain improvements thereon, within seven years; on failure to do which, the trustees are empowered to enter on any lot not improved, and sell it again. These improvements were not made on lot No. 108.