Smith v. . Stewart

The plaintiffs’ action is to recover the amount due from the defendants on their promissory note given for a tract of land sold by them as executors of 1. A. Campbell, and as the property of their, testator, and the defence set up is the want of title in the vendors.

When the cause was called for trial it was by consent of parties adjudged that the contract of sale be rescinded and the note canceled, and a reference was made to the clerk to ascertain and report the rents and profits of the land during the occupancy of the defendant,. Stewart.

The clerk accordingly proceeded to iake the account,…