Cook's Heirs v. Totton's Heirs

Judge Ewing

delivered the Opinion of the Court in this case— in the decision of which, thef Chief Justice took no part..The heirs of John Totton, as lessors, recovered a judgment in ejectment against the.heirs of William Cook, for a lot of ground in Lancaster, from which the defendants have appealed to this Court.

Numerous errors have been assigned, but we deem it necessary to notice only two.

First. It appears that one of the defendants, at least, was an infant, and no order was made appointing a guardian ad litem for him, uiitií long after, and at a subsequent. term to that at which the issue…