Deaton v. Day

J. F. Day instituted an action of complaint for land, and for mesne profits alleged to be of the yearly value of $25, against Marcena Majors. The defendant set up a judgment setting apart the land *699as dower from her deceased husband’s estate. At the conclusion of the evidence at the trial, the plaintiff disclaimed all right of mesne profits, and a verdict was directed in his favor for the land. The defendant made a motion for new trial, and excepted to the judgment overruling the same. While the ease was pending in the. Supreme Court the plaintiff in error died, and the administrator upon her…