Martin v. Pace

Martin and others, for the use of the devisees of Thomas Jones, deceased, brought an action of debt against Pace and others. The suit is founded on a sealed note for $400, payable to the 'plaintiffs, commissioners, for the use of the devisees, &c., of Thomas Jones, deceased.

There are two special pleas in bar: the first it is unnecessary *106to notice; the second is as follows: That Michael Conway and wife with others, claiming to be the heirs at law *and devisees of Thomas Jones, deceased, procured in an action for partition, an order of the Knox Circuit Court for the sale of a certain tract of…