Cupp v. Ayers

Black, C.

In an action commenced by John Sheets, administrator with the will annexed of Caleb Ayers, deceased, against the appellants Sarah Cupp and Allen Cupp, her husband, the court, on motion of the plaintiff and affidavit of Jonathan D. Ayers, before any appearance of the defendants, substituted Jonathan D. Ayers and Rebecca Ward as plaintiffs instead of said administrator, and made Mary Ayers and *61Agnes Ayers additional defendants. The Cupps were de-, faulted, but during the same term, on their motion, the default was set aside.

Jonathan D. Ayers and Rebecca Ward, by leave of court, filed…