John McLean

“ As the limitation of the statute, both as to the twenty years' adverse possession, and the ten years subsequent to the decease of the complainants' ancestor, had run since 1793, before suit was commenced, it is unnecessary to inquire what effect the Virginia statute had upon the rights of the parties before it was adopted by Kentucky.
It is earnestly contended that the statute does not run against an equitable title, and consequently, that it cannot operate as a bar in this case; as the legal title was not vested in the complainants until the emanation of their patent in 1820. ”

“ This cause was appealed from the decree of the circuit court of the United States for the district of Kentucky. The original bill was filed in May 1808, in which in which the complainants stated, that on the 10th of December 1782, their ancestor, Henry Miller, made an entry of one thousand six hundred and eight-seven acres of land, which was surveyed the 9th of April 1804, and patented the 19th of July 1820. That the defendants were in possession of the land under said claims ”

“ Taylor, 10 Wheat. 168, the chief justice, in giving the opinion of the court, says, 'from the earliest ages courts of equity have refused their aid to those who have neglected, for an unreasonable length of time, to assert their claims ”