Thomas v. Clement

The widow and heirs of Henry Clement have asked for a re-hearing in this case, on the grounds:

First. That they should have been entirely discharged on their plea of prescription often years, which it is said the court did not notice.

Secondly. That they should have had.judgment against William Miller, their warrantor; and that that part of the judgment discharging him should not have been affirmed.

*403Upon the first ground, we see no reason to change our previous opinion. The plea of prescription does not protect the defendants,.as neither ten, nor five years had elapsed from the time they became…