Hoover v. Miller

The judgment of the court was pronounced by

Rost, J.

The plaintiff seeks to recover a tract of land in the possession of the defendant, which he purchased at the probate sale of the succession of the late John P. McNeill. He also claims damages. The answer is, that McNeill died in Mississippi in 1837, leaving Alvarez Fisk his testamentary executor; that shortly after, the respondent entered into a written agreement with Fisk for the purchase of the land, and, under said agreement, took actual possession of it, and has remained in possession up to the present time ; that in 1848,’ a dative…