Evans v. Pipes , 1 Gunby 56 ( 1885 )

Mayo, J.

Heirs cannot sue -for specific property, nor an interest in certain property of their ancestor’s succession; their remedy is to sue for a partition of the entire succession.

2. A plea of compensation, cautiously made in the alternative and against such judgment as may be obtained, does not have the legal effect of admitting the claim sued on.