Boling v. Ewing

Judge-Marshall

delivered the Opinion of the Court — in which-judge Ewing took no part, as the cause was heard before he took his seat on the bench.

This writ of error is prosecuted by the plaintiffs in an action of ejectment, to reverse a judgment rendered in, favor of the defendant.

A regular title from the Commonwealth was exhibited by the plaintiffs; who also read on the trial, the record of a former ejectment, brought by them, in 1804, for the same land, against Robert E. Ewing &c. in which judgment was rendered for the plaintiffs, in 1807, and a writ of habere facias appeared to have been…