Elliot's Heirs v. Garrard

Judge Owslev

delivered the opinion of the court.

This is an appeal from a decree of the court below, dismissing the appellants’ bill, brought to obtain from the ap-pellees a surrender of the legal title to the land in contest.

The superior equity is asserted by. the appellants, under an entry made in the name of their ancestor, Thomas Elliot, but which they admit was, afíér being entered by them for taxation, sold for the non-payment thereof, by the sheriff, and transferred by him to the appellee, Young. But as the sale was made whilst part of them were infants, they contend that it is. not…