Page:Federal Reporter, 1st Series, Volume 6.djvu/465

 GAINES V. HAMMOND S ADM B. ���453 ���It seems that Hammond, under the rulings of the United States supreme court, had no such interest in the Hunot tract that, during his life-time, he.could have maintained ejeotment therefor, or that could possibly have been reached by execution. By the special act of congress in 1864, there was confirmed to him and his legal representatives the Hunot tract; that is, about 22 years after his death. Whatever may have been subsisting demands against him prior to his death, subject to be enforced through administration on his estate, it might be a grave question whether the grant of 1864 could be treated as his individual estate, subject to administra- tion. At the time of his death neither he nor the purchasers at the sheriff's sale in 1823 had any legal interest in the Hunot tract. Ail interest he might have had in the same was barred in 1823 through his failure to eomply with the act of 1822. �Thus matters stood until congress, 22 years after his death, confirmed to his legal representatives the tract spoken of. It bas been held that, even taking the broadest view of the doc- trines laid down in Landes v. Brant, Kelf and Chew took nothing under the sheriff's deed of 1823, mueh less this plain- tif. It seems that other parties in interest, through pro- tracted litigation, ascertained in 1879 that the only legal representatives of Hammond under the act of 1864 -were his heirs. So soon as that fact was thus judicially ascertained, the plaintiff caused administration to be had on Hammond's estate, about 37 years after his death, in order to prove up, it may be, a judgment to which she was not a party, rendered about 60 years before, or on an open account, which, by waiv- ing the original wrong, she might have had established in 1819, or at least so soon as she became sui juris, more than 50 years ago. The bUl, however, recites what has almost become judicial history through the various decisions of many courts, and notably three by the United States supreme court, to-wit : the long and painful struggle of the plaintiff to have her father's will of 1813 established, and her rights recognized thereunder, which struggle culminated in her favor before the act of 1864 referred to. Gaines v. Hennen, 24 How. 553. ��� �