Johnston's devisees v. Macconnell

OPION of the Court, by

Judge Logan.

Mac-connell exhibited his bill in chancery to compel the conveyance of a certain lot of ground in Louisville, which he alleges to have paid for, but for which he obtained no writing from the vendor. The bill was taken pro confesso, and a decree to convey : to reverse which' the deiéndants below have sued out their writ of error, and assign for error that the sheriff’s return of the sub-pcEna in chancery does not shew that the process had been legally served.

The sheriff’s return is, that “ the defendant was not found within my bailiwick, and I left a copy of…