Arnott v. Nicholls

Chase, Ch. J. The return toth o, her i fiadas, must-be quashed, so far as it respects the land sold and conveyed by the defendant to' Thomas Goldsborough, no-fraud or collusion in the sale to him having been alleged. The terre-tenant should have an opportunity to relieve himself, and to bring in the other terre-fenants —-Hence the. necessity of a scire facias, that all the terre-tenants may be warned. On this motion as much may be brought out as in an action of ejectment, and more, as the court have an equitable control* RetueN quashed.(a) Footnotes [(a)] The decision in this case has been overruled by the Court of Appeals in the case of M'Elderry vs. Smith's Lessee, at June term 1807.