
    GENERAL COURT, (E. S.)
    APRIL TERM, 1802.
    Richardson's Lessee vs. Parsons.
    A verdict in a former suit where tje judgment; was reversed for error in fact, is not evidence in a trial on a new ejectment
    EjectmeNT for Richardson’s Discovery and Con- ° elusion, lying in Worcester county.
    The counsel for the defendant objected to tiie ver-diet in a former suit being evidence, because thejudgment was reversed for error in fact, the defendant having died before the verdict was takenj and they cited 1 Sira. J62. 1 Morgan’s Essays, 94. Gilb. 63. Showers Pari. Cases.
    
    
      Hammond and Bullitt, for the Plaintiff.
    
      Martin, (Attorney General,) and Harper, for the .Defendant.
   Chase, Ch. J.

The court are of opinion, that the verdict cannot he received as evidence, inasmuch as the judgment was reversed for error in fact, the defendant being dead at the time and two days before the verdict was given. The judgment being reversed on that ground, there was no legal trial or verdict in tiie case.  