Samuel Blatchford

“ In the present case there is no question of minority or of any other disability. It is alleged, however, that the cause of action was concealed; but the order of sale, the report of sale, and the order confirming the sale were of record in the probate court of Travis county. The plaintiffs knew, or had the means of knowing, of the granting of administration in Texas, and in what court the proceeding was pending. The administrator reported that Kerby was the purchaser. The connection of Kerby with C. R. Johns & Co. ”

“ Rep. 5. He disposed of the case on the following ground, as stated in his opinion: 'Upon the trial of the case, the plaintiffs, conceding that the testator at his death owned no land in Ellis county, or elsewhere in Texas, to which said devise referred, to prevent the devise from being inoperative, and to prove their title to the lands in question, offered evidence tending to show that the testator, when he executed his will, and at the time of his death, believed that the Ewing head-right certificate had been located in Ellis county, making him the owner of the lands covered thereby ”

“ He also testifies that, on returning to Tennessee, he mentioned to the Tennessee executor, and to others of the family, what had occurred at Austin, and requested the executor the write to Mr. Green, a lawyer at Austin, to look into the sale of the Ewing certificate, and see if it could not be got back in some way or replaced by Johns ”

“ Replications having been filed to the various answers, proofs were taken, and the cause was heard before Mr. Justice Woods, and Judge MCCORMICK, district judge, and on the 10th of February, 1885, a decree was entered dismissing the bill. The opinion of Mr. Justice WOODS is reported in 23 Fed. ”