Cardwell's Adm'rs v. Strother

*429Opinion of

the Court.

ON the 4th of March, 1816, the following article of agreement was executed, sealed and delivered, by the defendant, Strother, and the intestate, George Cardwell:

“ Whereas, George Strother purchased of George Cardwell, of Shelby county, two hundred and fifteen acres of land, in Gallatin county, on Crow creek, as appears by deed, bearing date the 22d day of February, 1804, for which said Strother paid in consideration therefor, one hundred and sixty-five pounds; and the *430said Strother having been sued by John Howard for the said land, by an action of ejectment in the circuit…