Kirk v. Taylor's Heirs

Judge Simpson

delivered the opinion of the Court.

This is a writ of forcible entry and detainer, sued out by Taylor’s heirs against the appellant. The jury in the country found a verdict for the defendant in the writ. The inquisition was traversed by Taylor’s heirs, who succeeded in the Circuit Court, and from the decision in that Court, the defendant in the writ has appealed.

"Various objections are urged against the regularity of the proceedings in the country. As the issue in the Circuit Court, is whether or not the inquisition be true, as a general rule, no advantage can be taken of any…