Walden ex Dem. Den v. Craig
22 U.S. 576

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U.S. Supreme Court

Walden ex Dem. Den v. Craig, 22 U.S. 9 Wheat. 576 576 (1824)

Walden ex Dem. Den v. Craig

22 U.S. (9 Wheat.) 576

Syllabus

In ejectment, an amendment so as to enlarge the term laid in the declaration will be permitted in the discretion of the court.

But a writ of error will not lie in a case where the court below has denied a motion for this purpose.

In 1797, John Den, lessee of Ambrose Walden, instituted an action of ejectment in the United States District Court of the District of Kentucky against Richard Fen as casual ejector. The declaration states a demise for the term of ten years from 15 August, 1789. At March term, 1798, Lewis Craig and Jonathan Rose were admitted defendants in the place of Richard Fen, the casual ejector, and entered into the usual rule, confessing the lease, entry &c. At June term, 1800, judgment was rendered for the plaintiff for his term yet to come, &c., and a writ of hab. fac. poss. was awarded. On 5 September, 1800, Thomas Bodley and others, claiming as landlords of Craig and Rose, obtained an injunction to the above judgment. At May term, 1809, the bill of injunction was dismissed for want of jurisdiction. In September, 1811, Bodley and others obtained a second injunction to stay execution on the judgment at law in ejectment. At May term, 1812, the injunction was

Page 22 U. S. 577

dissolved on hearing, on bill, answers, depositions, and exhibits, and in April, 1813, the complainants dismissed their bill. Walden, on 22 May, 1819, took out a writ of hab. fac. poss. which was quashed by the court on the ground, it is presumed, that the term stated in the declaration in ejectment had expired. At November term, 1821, Walden moved the court to enlarge the term stated in the declaration. The court being divided, the motion was entered as overruled, and the plaintiff (Walden) took out a writ of error to the judgment of the court on this motion.

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