Doe ex dem. Kennedy v. Holman

The plaintiff in error brought an action of ejectment to recover a lot of ground in the city of Mobile. The declaration and notice having been served on Lewis and Otis, tenants in possession, and they failing to appear, at the Fall Term of the Circuit Court, 1841, the plaintiff took judgment by default against the casual ejector, and a writ of habere facias3 *735&c.., was issued, and the representatives of the lessor of the plaintiff were put in possession by the sheriff.

At the Spring Term, 1842, Oliver Holman and Agnes Howard moved the court to be restored to possession of the locus in quo, and…