Carr v. Ott

This record presents the following very interesting legal question: Where a deed is prepared for execution by ten persons, who as co-owners hold full title to the land described, but is not signed by one of them and is disaffirmed by two who signed during their minority, does it bind the remaining tenants who did sign so as to allow a decree for specific performance against them? The Chancellor so held and the adverse defendants have appealed.

Tiffin Ott died intestate the owner of the lands in controversy, consisting of about 900 acres of mountain land in Morgan County. He had been married…