Marks' Heirs v. Aubry

Judge Mills

delivered the opinion of the court.

George Marks executed his bond to Rowland Aubry, *206conditioned for the conveyance of a tract of land by metes and bounds therein specified, and acknowledging the reception of a valuable consideration. After the death of said Marks, Aubry exhibited his bill against his heirs to compel specific execution. The heirs are three in number, two males, George,and Davis, who are non-residents, and a female resident, the wife of Miller. Order of publication, was made and published against the non-resident defendants, but Miller and his wife answered; and the…