Hite v. Hite's ex'rs

Judge Ewing

delivered the Opinion of the Court.

Abraham Hite, Sen. and his three sons, then residents of Virginia, in 1784, entered into articles of co-partnership, for the acquisition of western lands, in which there was a stipulation, in substance, that if any disagreement should arise in the division, that it should be settled by men, chosen by a majority of those in interest. Abraham Hite, Sen. and Isaac Hite, one of the sons, died, the latter leaving a son Jacob, and a daughter, who intermarried with Charles Fishback, and died, leaving several children. Upon the death of Abraham and Isaac,…