Page:Federal Reporter, 1st Series, Volume 10.djvu/730

718 FEDERAL REPORTER. �court. Plaintiff proves a patent from the republic of Texas of date December 2, 18el, of the entire tract to James A. Caldwell. He proves next a letter which bas been probated as a will of James A. Caldwell, of date March 21, 1842, which is in these words: �"Mr. S. C. Col ville: ihe business that we have been doingnever having been committed to writing, knowing, as we do, the uncertainty of lit'e, I give you this statement of our verbal understanding: First, all the land that is connected at Shawneetown which may be owned by either, or in the name of any other, is now the property oi both as company stock. Also all the claims that is in your hands that is not located is also joint stock. Also all the ani- mal stock is the saœe that is at Shawneetown. AU property that is khown to belong to yourself and myself at that place is joint stock, (except a negro girl, Louisa, to which I have no claim.) Also all the money that we may have there, or any debts that you or I may have in our trading since you went to that place. And, further, as I have had trading in Austin, Travis county, it will also be understood that all my trading there was on the same principle; all the lands that I may have, or town lots, or outlots, or houses and lots, or any negroes that may be in my name, or chattels or any interest that I may have in the trading house of Edington, them and each of theni is joint stock betwixt yourself aud myself. Now, as life is uncertain, I want you, in case of accident, to be my agent in fact and entire; I want you to have the free use of all my share of this property in case of my death for your natural lif e-time, and at your death it to go to the oflfspring of my only blood relation, now in Texas; that is, Jane McFarland, the wife of Jacob McFarland. ihese, with other requests that you kn6w,I leave with you, hoping that you will not have this melancholy duty to perform, and that again we will meet and ex change the hopes for long life and friendship. " Yours in friendship, fSigned] J. A. Caldwell. �"S. C. Colmlle." �Plaintiff next offers last will and testament, duly probated, of S. C. Colville to plaintifFs, and then certain depositions showing insanity, infancy, and coverture of the various plaintiff s, running baek and covering many years. The defendant proves possession for 20 odd years and improvements. �The difficult question for plaintiffs arises under that so-called will of Caldwell, which is a necessary link in the plaintiffs' chain of title. There seems to be no question that in cases like this of ejectment the plaintiff must recover on the strength of his own title. Nor oan there be any doubt that that title must be a legal title. �An equitable title will not suffice to maintain ejectment in this court, thongh it may in the courts of the state under the proceedings authorized by the state statutes. See Sheirburn v. De Cordova, 24 How. 423. ��� �