Lively v. Ball

Judge Ewing

delivered the Opinion of the Court.

This is the third time this case has been brought to this Court. The opinions of the Court, when the case was here the first and second times, will be found in 1 Dana, 60, and 4 Dana, 369. On those two occasions, it was brought here on the appeal of Ball, and now on the appeal of Lively.

It was distinctly determined in the latter opinion of this Court, that the recovery by confession in the action of ejectment of Payne vs. Lively, did not cover, or embrace, any of the land claimed or occupied by Lively, being restricted, as it was, to the part…