This section contains the nature of the case and procedural background.

Garland died intestate leaving a widow, and five children as his heirs. Three of the heirs died leaving the mother, brother and sisters as heirs. Margaret Donough quitclaimed the inheritance to Edward and Katherine, and the document stated that she quitclaimed the land of Garland and that of his widow at the date of the deed. Margaret and Mary (the widow) died. Margaret's children then decided to partition the lands involved. The answer to that action disputed title on the grounds that Margaret had conveyed her interest in the lands to Ds. The Chancellor decreed in favor of Margaret's children. Ds appealed.

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