Beard v. Russell's Heirs

Judge Underwood,

delivered the opinion of the court.

This case is a continuation of a controversy, involving the merits of conflicting claims to the same land, which commenced shortly after the formation of the state goverment, between John Craig, who devised to Beard, and the ancestor of the appellees. Craig having departed this life in 1802, an attempt was made to revive the suit, which had been instituted by him, in the name of Beard, his devisee. This court, in 1814, decided that it could not be done; see III Bibb, 377. This decision probably gave rise to the passage of the act of 1815, (I…