Berryhill v. Jacobs

Lowe, Ch. J.

i defaulteoto?eflfe ct of appeal. This cause was before us at the December Term, 1865, upon the appeal of the defendants. They kad been served by publication only, and had not appeared, and judgment had gone against tjlcm jjy jn appealing, they complained, first, that the service was illegal, which objection was held not to be well taken.

Secondly, that the court below had decreed that the title to the land described in the petition should vest in the plaintiffs, which was relief not asked for in the petition, *247and therefore improperly granted. We held, in regard to this objection,…