
    Roe, (Sarah Best, Tenant in Possession,) vs Miller et al.
    
    Ejectment. Case 72.
    Appeal from the Madison Circuit.
    
      April 28.
    
      Judgment bij default. Ejectment. Femes covert. Error Coram vohis.
    
    If feme sole, tenant in possession, be seived with declaration in ejectment, and notice, it is not error to rentier judgment by default, agaist her, though she may marry before judgment.
   Judge Ewing

delivered the Opinion of the Court.

Sarah Best, the tenant in possession, being sole when the ejectment was instituted, though she married before the judgment was rendered, and was at the time of its rendition a married woman, has no right, on that ground, to set aside the judgment. Her marriage was her own voluntary act, and by it she had no right even to abate the suit of the plaintiff below, which was properly instituted, much less to set aside a judgment which had been obtained by a writ of error coram vobis.

Caperton for appellant: Turner and Owsley for appellees.

Judgment affirmed.  