“Bill in equity. The cause came to a hearing upon the bill, answers, depositions, and exhibits; and was argued by Sumner and Webster for the plaintiff, and by William Sullivan for the respondents. The material facts are stated in the opinion of the Court, as follows . . . The questions, then, presented to the Court for decision, ultimately resolve themselves into the following points. In the first place, whether the plaintiff would now be entitled to the relief prayed for upon the case made by the pleadings, and proofs against Magee himself, if living l If he would be so entitled, then, whether, under all the circumstances, the plaintiff is entitled to the relief sought against the defendants, who are purchasers of the lands under Magee.”
5 Mason 244