Whitehead v. Foley

The action of the court, permitting the defendants to file a disclaimer for the land claimed by the plaintiffs, not embraced in their pleas of limitation, *10in no manner affected injuriously the rights of the plaintiffs. All the costs which had accrued prior to their disclaimer .were adjudged against the defendants. If the plaintiffs had been willing, on the presentation of the disclaimer, to discontinue their suit for the remainder' of the land, all controversey between the parties would, have been at an end. This they were unwilling to do; and, as they failed to maintain their assumption of a…