Mitchell's heirs v. Smith's heirs

Opinion of the Court.

Weathers Smith, in his lifetime, having recovered a judgment in ejectment against Caldwell, Craig and Mitchell, for his term then to come, together with costs and damages, the heirs of Smith sued out a scire facias against the heirs of Mitchell, suggesting his death, to have execution against them, as well for the costs and damages as for the term to come. Judgment of eviction was awarded accordingly against them by default, to which they sued out a writ of error coram vobis ; on the trial of which, the circuit court reversed the judgment for execution, on the ground,…