Downes v. Scott

The judgment of the court was pronounced by

Rost, J.

The plaintiff in his own right, and as tutor of the minors of Josephus, and Samuel Sparrow, children and heirs of Samuel and Sarah Sparrow, deceased, claims title to two lots of land, about one-half of which is in possession of the defendants. The defendants, in their answer, claim title to that portion of the land in their possession, by virtue of a sheriff’s sale made in 1837, and under an agreement with Hector Phillips, whom they call in warranty. Phillips appears and defends the suit; denio *279the right of the plaintiff’ to recover, and…