Gaines v. Conn's Heirs

This case was once before in this court. (Vide 2 J. J. Marshall, 104.) At the term succeeding that at which ' ° the mandate oí this .court was entered in the circuit court, an amended replication to the plea of rio'n-tenure of the freehold, was filed, and a proper issue concluded; and at the same term, a suggestion of the 'death of one of the demandants (Mrs. Flournoy,) was made by the appellant, and entered on the record. Afterwards, at the next succeeding term, Mrs. Flournoy’s death was pleaded in abatement ; but the court having sustained a demurrer to the plea, the appellant offered…