Swearingen v. McDaniel

This case comes up in a very irregular way. It was originally an action instituted by the plaintiffs as heirs of one Peter Stearnes, deceased, against the administrator of the estate of the latter, to be put in possession of said estate, and to compel said administrator to deliver up to them, as heirs, all the effects of the succession in kind, and to render them a full and final account of his administration, &c. This petition was followed by an amended one, filed before issue joined, in which the plaintiffs state the nature of the rights of the deceased against the community existing…