Neill v. Owen

The appellant Neill sued the appellee Owen, as administrator of Quin, for a specific performance of an agreement made and entered into between appellant and appellee’s intestate, by which the former was to receive one-fourth part of certain land claimed by the latter, in consideration of his paying the dues, etc., and obtaining the patent. The plaintiffs allege that the lands were situated in DeWitt county.

Owen, the administrator of Quin, pleaded in abatement in the court- below, that administration on the estate had been opened in the county of Yictoria, and that he was not liable to be sued…