[Download] "Francis Henderson and Wife, Plaintiffs in Errors v. ira Griffin" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Francis Henderson and Wife, Plaintiffs in Errors v. ira Griffin
- Author : United States Supreme Court
- Release Date : January 01, 1831
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The action in the court below was brought to try title to a tract of land in Abbeville district, claimed by the plaintiffs, under the will of Henry Laurens; and by the defendant, in virtue of a possession of five years, which, by the limitation law of South Carolina, gives a good title. On the trial of the cause it appeared that Henry Laurens, being seised in fee of the premises in controversy, devised the same to his daughter, Mrs Ramsay, and to Dr Ramsay, 'to hold the same to them and their heirs in trust for the use and behoof of his grand-daughter, Frances Eleanor Laurens, wife of the plaintiff, during her life, &c.' On the 23d of October 1822, the heirs of David Ramsay, claiming by the will aforesaid, brought their acton against the defendant in the state court of South Carolina, to recover the land claimed by him, which was part of a larger tract of land, devised to Mrs Henderson by the will of Mr Laurens. The supreme court, on argument, decided that the legal estate was in those for whose use it was devised, and that the action could not be sustained in the name of the heirs of Ramsay. Ramsay and others, Trustees vs. Marsh, 2 M'Cord, 252. Whereupon the suit was discontinued on the 23d of October 1822. At the commencement of that suit five years had not expired from the time of the defendant's entry on the land; but they had expired when the present action was brought, on the 29th of May 1823: so that the only question arising in this action is, whether the two suits can be so connected that the present can relate back to the former one, and thus bring it by legal intendment within the five years. The circuit court being of opinion that the two suits could not be connected, a verdict and judgment passed for the defendant. And this is the only error assigned.