Green's heirs v. Breckinridge's heirs

Judge Mills

delivered the opinion of the Court.

This is a bill brought to revive and enforce a decree in favor of the present appellees, rendered in 1803, against the ancestor of the appellants, directing him to convey a tract of land, because it was covered by a supposed prior entry, set up in the original bill. The decree was rendered against the then defendant as a non-resident, after publication against him, without appearance or answer. The time for a writ of error had elapsed before this bill was brought, as well as the seven years allowed for the non-residents to contest it, and indeed,…