Allen v. Gray

*98Opinion of the Court, by

Judge Owsley.

THE cases of Clurissa Thomas vs. Clarissa Thomas and Edward Thomas, 3 Lilt. Rep. 8, and Saunders’ heirs vs. Saunders’ executors, 2 Litt. Rep. 321, are decisive ip suPPori: ^ie judgment rendered in this case by the court below.

a°" gainst 'the1 same person eonjunc-o™ (ioes°not vary the case, That the person who was do Vencí á;ed after ac-lion brought, ^tohim before theother defeml’is ap-£ot Tuni the error; for it was in the or-the Bibb, for plaintiffs; Denny, for defendants,

Each of those cases recognizes and adopts the prin-eiple, that the same person cannot…