Dean v. Feeley

Speer, Justice.

This is a common law action in ejectment and for mesne profits.

John Doe declared on the demise of Mary L. O’Byrne, who, as a minor, was represented by her guardian, J. R. Dean. The suit was filed in office October 1st, 1875, and *274stood for trial at the May term, 1876. On the 7th day of July, 1876, Mary L. O’Byrne died testate, having by her will named J. R. Dean to be her executor. During the May term, 1877, her death was suggested and case continued. During same term, on 2d July, 1877, on notice to the defendants, an order was taken that the suit proceed in the name of J. R.…