Saunders v. Wilson

Hemphill, Ch. J.

By agreement, the statement of facts made out and approved in the case of John Saunders, plaintiff in error, v. Alfred Wilson, defendant in error, is adopted as the statement of facts in this case. Both of the suits were commenced in the summer of 1851, nearly ten years after possession taken by Robert Saunders, the father of defendant. In the petition it is alleged that suit was first brought on the 25th September, 1848,—and plaintiff being unable to appear *202at the Spring Term, in 1851, was dismissed for want of prosecution. This was not in proof; but admitting the fact, yet a…