M'Chord's Heirs v. M'Clintock

*304Opinion of the Court,

by Judge Owsley.

In a chancery suit prosecuted by the heirs of M’Chord against David Logan and Hugh Talbot, a decree was pronounced in favor of the former, for a tract of land tliei-ein particularly described.

^ ^ie ^me Pronouncing this decree, John Sims was in possession of part of the land, holding as tenant under M’Clintock, who claims adversely to M’Chord’s heirs and Logan; but neither Sims nor M’Clintock was Party to the suit in which the decree was pronounced,

Under a writ of habere facias possessionem, which issue(j upon the decree, the sheriff dispossessed Sims, and…