Doyle's Executors v. Estornet

This is a petitory action. The principal question is one of identity.

The defendants claim title through one William H. Martin, deceased, who it appears was never the owner of the lot in controversy.

The plaintiffs claim through one William. H. Martin, the former owner, who is still living and whose testimony was offered on the trial, but they failed in producing an act of sale from Martin to Levy, one of their vendors.

There was judgment in favor of defendants and warrantors, and the plaintiffs appealed.

The first question arises under a bill of exception taken to the ruling of the district…