Fitzsimmons v. Allen's Administrator

This was a hill in chancery, brought by Fitzsimmons against Benjamin Allen, to compel the conveyance of eighty acres of land. Allen died pending the suit, and his administrator and heirs were brought in by supplemental bill. The case was brought to a hearing upon the pleadings and proofs, and the Circuit Court dismissed the bill. The complainants prosecute a writ of error.

Although the evidence is not free from contradiction, we consider the following facts sufficiently established: Fitzsimmons had bought from some person whose name is not given, one hundred and eighty acres of land, and held…