Buckner v. Pope

Judge Marshall

delivered the Opinion of the Court.

This declaration in ejectment, on the demise of Buckner, was served on Miller in September, 1827, with a notice thereto attached, naming the first day of the succeeding October term of the Jefferson Circuit Court for his appearance in Court. But no notice was taken of the case on the first day of the term, and on a subsequent day, without any appearance by Miller, John Pope was, on his own motion, admitted to defend in the room of the casual ejector, Roe, and thereupon, made the usual confession, and pleaded not guilty, &c. After several…