Meeks v. Kirby

By the Court, Belcher, J.:

The plaintiff was nonsuited at the conclusion of his opening statement, and the correctness of that order is the only question presented upon this appeal. It appears that both parties claimed title to the premises in fee—the plaintiff, under a conveyance made in 1854 from the heirs of Harlan, who died seized thereof in 1850; and the defendants under conveyances made in 1856 by the-administrator of the estate of Harlan in pursuance of orders made by the Probate Court, and in virtue of an adverse holding for about twelve years. The estate was unsettled at the time of…