Singleton's Devisees v. Lewis' Heirs

Opinion of the Court.

THIS case has been twice before in this court—See 2 Marsh. 214. On the return thereof to the court below, for the purpose of ascertaining waste and improvements, according to the directions of this court, commissioners were appointed who reported their assessment which was set aside on the motion of the present appellants. New commissioners, with only one of the old ones were appointed by consent of the parties, who reported still more unfavorably to the appellants. A motion was made to set aside this report also, and overruled by the court, and a decree entered for a…