Buckner's Devisees v. Morris , 7 J.J. Marsh. 648 ( 1832 )

Judge U,-«deb.wood

delivered the opinion of the court.

Tiie process not. bavin» been properly executed on John Buckner, the pleas cannot, according to former decisions, be construed to make an appearance tor him. It was, theretore, erroneous to try the cause without proper service on him,

We think theaction can well be maintained against the devisees.

Judgment reversed, with costs, and cause reman cl-«“d, with directions to set aside the verdict, and for farther proceedings.