Chrisman v. Gregory's heirs

Judge Marshall

delivered the opinion-of the Court.

This action of ejectment was brought by the heirs of Caroline Gregory, upon the same title stated in the case of Drane vs Gregory’s heirs, (3 B. Monroe, 619.) In the present case there were two trials; on the first of which the Court having instructed the jury, upon the plaintiff’s evidence, to find for the defendant, became afterwards satisfied that the instruction was wrong and set aside the verdict, during the term, without motion, to which the defendant excepted. Upon the second trial a verdict was found for the plaintiff, and to reverse…