Marmaduke v. Tennant's Heirs

Judae Beech

delivered the opinion of the Court.

Upon the demise of sundry persons, claiming to be the heirs of John Tennant, deceased, a judgment in ejectment was recovered against the appellants, from which they have appealed to this Court.

The facts and law of the case, as ruled by the Court, are presented in bills of exceptions.

Previous to the trial the Court permitted the plaintiff, on motion, to amend his declaration by striking out one hundred and ninety-five and inserting two thousand acres, to which the defendants objected. The propriety of permitting this amendment is the first question…