Pike v. Monget

The ¡of -the court (King, J. absent,) was pronounced by

Rost, J.

This is a sequel to tho case of Monget, tutor, v. Walker, lately .determined, ante p. 244.

The plaintiffs, being in .possession .of a town lot acquired from Walker, while ho was tutor, the defendant proceeded against them by the hypothecary action, after the judgment obtained in the former suit had become executory. The plaintiffs enjoined tho proceeding!?. George A. Pike, who owns a portion of the lot, thou intervened, and the proceeding was changed by the pleadings from the via executivei to the vid .ordinaria. The judgment of…