Kerr v. South Park Commissioners

Mr. Justioe Matthews

delivered the opinion of the court.

The proceedings and decree brought here for revision by this appeal are in execution of the mandate of this court affirming a former decree in the cause, the appellants being the executors and devisees of William P. Kerr, the. original complainant, in whose names, upon his death since the decree, the cause has been revived.

The original litigation established the title of Kerr, to the premises in controversy, subject to the right of the appellees, the South Park Commissioners, who had taken possession of the lands on August 27, 1870, to…