Davis's lessee v. Whitesides

OPINION of the Court, by

Judge Boyle.

— The appellant, who was plaintiff in the court below, having *511served the tenants in possession with a declaration in ejectment, they appeared, and were made defendants upon entering into the common rule of confessing lease, entry and ouster, and agreeing to insist upon the title only at the trial. At a subsequent term, they moved the court to model the common rule of confessing lease, entry and ouster, which had been entered, so that they might, on the trial, be permitted to avail themselves of the want of an actual ouster of the plaintiff. This motion, as…