Tunstal v. Taylor

Daviess having, by his agreement, undertaken, as a lawyer, to clear up or settle the disputes which are proven to exist upon the land in question, and not having done so,'until he departed this life, whereby it became impossible for him to perform his part of the contract; Mrs. Tunstal, claiming by purchase under Daviess, cannot, in equity, be entitled to a specific execution of the contract on the part of Foster. As ij appears, however, that Dayicss had ap-*44pcared thr Foster in a sjiit by an adverse claimant, althoug~i the dispute was not settled as to that claimant, the suit having abated by…