Wharton v. Clay

*167OPINION of the Court, by

Judge Owsley.

This Writ of error is brought to reverie a judgment taken in an action of ejectment against Roc, the casual ejector, by default.

By the assignment of errors, two questions are presented for the consideration of this court:

1st. With respect to the sufficiency of the evidence of the service of the declaration, &c.

2d. As to the necessity of serving the tenants in possession with a copy »f the common order, before a con- | firmation thereof.

The affidavit of service contains no suggestion that those upon whom service was made were tenants in possession of the…