Smith v. Hornback

*232Opinion op the Cockt, by

Ch. J. Boyi.k.

THIS was an action of trespass quare clausum fregil. Not guilty was pleaded, with leave to give the special matter in evidence. Ón the trial it appeared that a judgment in ejectment had been recovered many years 2S° agahist Daniel Hornback, for the recovery of land incliiding.tho place on which the trespass is alleged to have been committed; that the plaintiff in this case claims Idle by a conveyance from the lessor of the plain-tiffin the ejectment; that Daniel Hornback having died, Polly Hornback, one of the defendants in this case, an{{ widow of Daniel…