Steele's Heirs v. Taylor

The Chief Justice

delivered the opinion.*

This was an ejec'ment, and was formerly before this court upon an appeal taken by the lessor of the plaintiff, from a judgment rendered for the defendants, which was there revived became the circuit court had, under the circumstances of the case, improperly instructed the jury, that the. right of entry of the lessor of the plaintiff, was tolled by the descent cast upon the defendants, by the death of their ancestor; I Marshall, 315.

On the trial, after the cause was remanded to the circuit. *226court, the only quest ion which was made, grotto out 6f variance…