
    
      13th October, 1817.
    ABRAHAM REES, vs. THOMAS MIDDLETON,
    
      On an appeal from a judg* merit of the Warren circuit court.
    
    After issue tirie in'? 'cf ment* no exception can uiie of the declaration.
    
      Bibb for appellant, Talbot for appellee.
   Chief Justice Boyle

delivered the opinion of the court. This is an appeal from a judgment for the plaintiff, in an action of ejectment,'

The only error assigned, questions the sufficiency of the declaration, whether the objection taken to the declaration w°uld have been availing, if it had been made at the proper time, need not be determined, for after issue joined,- no adyaotage can be taken of any defect, either of form or substance, in a declaration in an action of ejectment,

Judgment affirmed, with costs. 
      
       1 Little pa. 500.
     