ABSENCE of accused during trial, 539, 544 (8).
ACCOUNT AND SETTLEMENT:
Mistake in, may be shown, 95 (2), and corrected, 205 (2).
An action dismissed for a cause not involving merits, like a nonsuit, does
not deprive the plaintiff of the right to bring a new suit for the same
cause of action. Halcombe v. Commissioners, 346.
1. An equitable counterclaim of defendant is sufficient to defeat an action
of ejectment. Bodenhamer v. Welch, 78.
2. In ejectment, the plaintiff who is a stranger to the judgment need only
show the execution under which the land was sold, in order to estab-
lish his title against the defendant in the execution; nor is his title
affected by an irregularity in the judgment. Lee v. Bishop, 256:
3. Where a deed conveyed a life estate, and the grantee remained in pos-
session thirty years or more, the heirs of the grantor setting up no
claim to the reversion; Held, that the occupancy for so long a period
becomes in itself an independent source of title. Osborne v. Ander-
son, 261.
4. In locating the boundaries of land, the calls in the deed must be ful-
filled and effect given to the descriptive words used in it. Ib.
5. Under the act of 1874-75, ch. 256, an action of ejectment may be
maintained by a grantee in his own name whenever the grantor has
the right to sue, notwithstanding the person in actual possession
claims under a title adverse to that of such grantor. Ib.
6. In ejectment, the court submitted an issue to the jury' under which the
location of a disputed line could be found by them, but refused to
submit one proposed by defendant, as to whether the plaintiff agreed
to the running and marking the line by a surveyor, and that defen-
dant might take possession under said agreement; Held, no error, as
the same was not material to the case or raised by the pleadings.
Overcash v. Kitchie, 384.