Heath v. Miller

Duckworth, Chief Justice.

(After stating the foregoing facts.) Irrespective of whether the bond executed by only two of a large number of heirs would be sufficient to sustain the defendants in this case, and irrespective of forty years during which the defendants, according to the stipulations, have had possession of the premises — the parties, for reasons satisfactory to themselves, have seen fit to eliminate all issues and rights except the sole question whether or not the tender made by the defendant Parker in 1911 was a valid tender under our law, and, hence, the equivalent of payment. The…