Houston v. Killough

STAYTON, Chief Justice.

On May 7, 1831, David Clark obtained a grant of one league of land as a colonist, and on October 8, 1833, he by an instrument in writing conveyed one-fourth of that land to Benjamin McDaniel, and therein bound himself to give such further assurance of title as might be necessary so soon as the laws would permit him to do so. ■

At the time the grant was applied for David Clark was a married man, and appellees brought this action, as his heirs and as residuary devisees of his wife against appellants, who claim under McDaniel, to recover the land to which the conveyance…