South's heirs v. Thomas' heirs

Judge Mills

delivered the Opinion of the Court.

The heirs of Edward Thomas recovered a judgment in ejectment, against the- heirs of Benjamin South, on a patent issued to their ancestor, after proving its boundary, and that the tenants re-sided within it, and that their ancestor died in 1801, leaving all of them infants, some of whom had not arrived to the age of twenty-one years, at the commencement of the suit.

Qn a subsequent day of the term", the heirs of Motion for *60South moved for a new trial, relying on the affidavit of one of their number, who was the active person in defending the suit.…