Tribble v. Frame

*187Opinion of the Court,

by Judge Owsley.

John Speed Smith, claiming the paramount legal tie to a tract of land of which William Frame, sen. was possessed, brought an action of ejectment against Frame; to recover the possession.

Frame was admitted defendant in the ejectment, and such proceedings were therein had, as that a verdiet and judgment were recovered by Smith for the whole of the land; but at the same term at which the verdict and judgment were recovered, a new trial awarded upon the application of Frame. The cause again came on for trial at a subsequent term, and a verdiet was again…