Stair v. Pickett's heirs

The Chief Justice

delivered the opinion.

This is a writ of error to a judgment in ejectment, taken by default.

At the term to which the notice, served upon the ten-nnt, required him to appear, there wa3 no entry made the filing of the declaration and notice, nor was there any other step taken in relation to tbe suit. But at the next subsequent term of the court, the declaration and notice were filed, and a common order was taken which was afi-terwards confirmed. The main question made by the assignment of error, is, whether the judgment so taken is not erroneous. We are of opinion that it is. As…