Mason v. Young

Jenkins, Chief Justice.

In the instant ejectment proceeding, the defendants interposed by amendment to their answer a plea of res judicata supported by a former judgment. The plaintiff objected to the allowance of the amendment on the ground that said judgment appeared upon its face to be void for want of proper parties defendant. The plaintiff in the former suit, being in possession of certain premises under a deed conveying title in fee simple, brought an action to cancel as a cloud upon his title a subsequent deed from the same grantor, in which the premises were conveyed in trust for the…