Whittington v. Simmons

English, Ch. J.:

The bill in this case was filed in the Circuit Court of Ashley County, by Thomas M. Whittingtou against John G. Simmons and the heirs at law of John Smith, deceased.

The purposes of the bill were to obtain a decree against the heirs of Smith for the legal title to an undivided half of certain lands known as the Quindley Place, to cancel a sheriff’s deed which Simmons had obtained for the lands, and to enjoin him from prosecuting certain proceedings at law, etc.

The heirs of Smith did not answer. The cause was heard upon the bill and exhibits, the answer of Simmons (which…