Fellows v. Wise

Both parties claim through Robert Moore, deceased, who died in 1866, having been in possession of the land for several years, claiming under a tax sale. In 1859 said Moore, being so in possession, gave the plaintiff a written obligation for a deed, and in 1869 the latter obtained an order from the Probate Court upon the administrator of Moore for a specific execution of the contract, who accordingly made him a conveyance. This proceeding was under sections 38 and 43, chapter 122, Gen. Stat. 1865 (Wagn. Stat. 99), and seems to be regular. But in December, 1868, the heirs of Moore, then in…