Hill v. . Hermans

This is a motion, on the part of the respondent, to dismiss the appeal on the ground that Joseph Fellows, the original plaintiff and appellant, in his lifetime, viz., on the 26th of June, 1871, entered into an agreement with the respondent that the appeal should be forthwith discontinued and that the respondent should forthwith take possession of the property, etc., conveyed by the deeds, to set aside which the action was brought, and should pay all costs of the appeal; that on the same day Mr. Fellows signed a written direction to his attorneys to discontinue the appeal, and on the eighth of…