Mays v. Moore

This suit was brought by the heirs of Garretson to recover from the defendants one third of a league of land. The defendants set up in defence a purchase from one Smith, the administrator of Garretson. The first evidence offered by them is a covenant, as follows, i. e.:

*87“ Know all men by these presents, that I, James Smith, ad- “ ministrator of Jas. Garretson, deceased, by virtue of an order 41 of the Probate Court in and for the county aforesaid, (Bas41 trop,) did expose the within claim at public sale in the 4£town of Bastrop, on the 28th May, 1838, to the highest bid-41 der, on a credit of…