Hart v. Rector

*532 Opinion of the Courts delivered by

Napttín, Judge.

This was an action of ejectment for the north-west fractional quarter of section 35, township 49, of range 17. On the trial, the plaintiff gave in evidence a patent from the United States, dated 19th November, 1822, to Henry Carroll, Robert Wallace, and himself. Thereupon, the defendant, for the purpose of showing title out of the plaintiff, gave in evidence a judgment of the circuit court for Cooper county, in favor of Th. A. Smith against George Tonnall and the plaintiff Hart; a fi.' fa. execution thereon, of the 10th October, 1828, with the…