Cardwell v. Strother

Judge Nicholas not entirely concurring in the Opinion, and dis-seating as to the mandate. - ,

George Cardwell having sold and conveyed, it 1804, to George Strother, a tract of land in Gallatin county, and Strother having afterwards obtained a judgment against Cardwell’s administrators for damages, in consequence of an eviction from the land, by a judgment in favor of John Howard, rendered since 1816, on an adversary title, the case was brought to this court and affirmed. Litt. Sel. Ca. 429.

Cardwell’s administrators then enjoined the' judgment, and prayed for a perpetuation of tile injunction…