Waters's heirs v. Harrison

*87OPINION of the Court, by

Ch. J. Boyie.

This was an ejectment, brought by the plaintiffs in error in the Jefferson circuit court, to recover the possession of a lot in the town of Louisville. A common order was taken at the July term of that court, for want of an appear-anee, which was confirmed at their November term, and a writ of inquiry awarded and immediately executed. Afterwards, at the same term, on the motion of the defendant, founded upon an affidavit, the common order and the proceedings consequent thereto, were set aside, and they permitted to enter themselves defendants. At a…