Hungerford v. Fay

The plaintiff brought his action in ejectment against the two Pays to recover the possession of a certain piece of land. The Fays were personally served but made no answer and permitted a judgment to be taken by default. At the same term upon motion, Franklin came in and was made a co-defendant. He filed his answer, setting up that one of the Fays had a title superior to that of plaintiff. The cause was then continued, and at the next term, no motion being made to set aside the interlocutory judgment, the court gave final judgment against the Fays, and refused to let Franklin make a defence…