Cardwell v. Sprigg's heirs

Judge Marshall

delivered the Opinion of the Court.

This case was formerly before the Court, and the opinion then rendered is referred to for a general statement of the facts and questions of law as then presented: See 7 Dana, 36. Upon the return of the cause to the Circuit Court, the demise from the heirs of Abm. Owen, deceased, was stricken out of the declaration on a rule to show by what authority the suit was prosecuted in the name of said heirs. After which a trial was had on the demise from Cardwell alone, who claimed title under the patent of Abm. Owen, which was the oldest on the land,…