Rogers v. Marker

P. V. Rogers as the executor of B. B. Spicer sued Adam Marker in ejectment in the Circuit Court of Humphreys County, to recover possession of a tract of land.

After showing that the land had been granted to B. B. Spicer by the State of Tennessee, he offered to read the will of Spicer, which had been duly proved and recorded, and in which Rogers was appointed as executor, letters testamentary having regularly been issued.

In the will is this clause:—

“I direct that my property, both real and personal, be sold by my executor, either at private or public sale, and at and in such time or times, and…