Burch v. McDaniel

Opinion by

Greene, Chief Justice.

Plaintiff in error, as administrator, sued defendants in error in the District Court for $1723, a balanee averred to be due upon a promissory note which had been given by them to the intestate. Defendant McDaniel answered, setting up a counter claim of $2923. Plaintiff replied by alleging that he, as administrator, had sold to defendant for $1200, under direction of the Probate Court, the possessory right of intestate as pre-emption claimant in a certain tract of land and improvements, and that the sale was accompanied by an agreement between himself and…