3 Mo. 372 | Mo. | 1834
delivered the opinion of the Court.
The appellees brought their action against Barry, to recover the possession of some slaves charged to be in his possession.
The defendant failing-to plead within the-time required by the statute, the plaintiffs, took judgment by default; afterwards the defendant moved the Circuit Court to set aside the judgment by default, for reasons assigned in an affidavit filed by him p the Court overruled the motion, and he appeals to this Court.
The defendant, in his affidavit filed on his motion for a setting aside the judgment by default, states that he came into possession of the slaves sued for as administrator of John Hartnett, deceased, and-now holds them as administrator of such deceased;the defendant knows that Hartnett held such slaves for about thiee years before his death, and said defendant had held the same about six or seven years since the death of said Hartnett, and caused an inventory to be made of them and filed as of the property of the deceased; the affiant thought it his. duty to defend the suit, and in-intended to do so, and for such purpose, soon after the commencement of the suit, he employed counsel to defend it, and that his counsel had informed him he had forgot his engagement, and therefore he had failed to put in a plea.
The defendant does not state in his affidavit, either that he has merits or that he believes that he has; on the contrary he statesfacts which may well be true,
