Scroggin v. Allan

Judge Nicholas

delivered the Opinion of the Court

from which Judge Underwood dissented.

James T. Edgar, the son of Henry Edgar, a bastard, having derived a tract of land by descent from his father, died, under the age of, twenty one, without issue; and the land is now the subject of contest, between the mother of James T. Edgar, and a purchaser from the legitimate children of Henry Edgar’s mother. It does not distinctly appear, which died first — James T. Edgar, or his paternal grandmother; but the inference is that she did.

The case turns upon the question, whether the chibdren of Henry Edgar’s…