Potter v. Smith

This was an action by the appellees, who were the heirs at law of Samuel Caruthers, deceased, against *232the appellants, who were heirs at law and devisees of George W. Potter, deceased, and one Abraham Smith.

The complaint alleges, in substance, that on the — day of -, the said Samuel Caruthers died, leaving certain real estate therein described, situate in said county of Knox, and that said George W. Potter was duly appointed administrator of the estate of said Caruthers by the probate court of said county; that afterward, to wit, at the September term of said probate court for the year 1847,…