Smith v. Orange Swan

WILLIAMS, Associate Justice.

This was a suit by appellants, as devisees and heirs of devisees under the will of Obedience Smith, against a number of defendants, to recover a tract of land which had belonged to their testatrix and had passed to plaintiffs under her will, subject to the powers therein conferred upon her executor to sell it.

All of the defendants except appellee Orange Swan either defaulted or recovered judgment under the statute of limitations. Swan had no title by limitation, and judgment was rendered for him upon the strength of his title otherwise shown, and this is the…