Sale v. Fike

This wás a writ of error to the circuit court of St. Clair county, bearing date May 22, 1869. The decree sought to be reversed was rendered by that court, on the twenty-fifth of March, 1864, against the plaintiff in error, who had received constructive notice only, by publication in a newspaper.

To the writ of error, the defendant in error pleaded the statute of limitations—that the writ of error did not issue within five years next after the entry of the decree.

To this the plaintiff in error replied, that the decree entered on the twenty-fifth of March, 1864, was interlocutory merely, and…