21 Ga. 301 | Ga. | 1857
By the Court.
delivering the opinion.
The terms of the statutes to enable parties to obtain discoveries at law from the opposite party were not complied with, and the plaintiffs were not bound to answer.
If a sufficient title is shown in one of the lessors to authorize a recovery, the mere non-production of proof, title, or' authority from the other lessors is not sufficient to warrant the Court to strike out the leases or demises. It might be different, if a motion to strike out were predicated on evidence to show that the plaintiff' had laid demises, without any kind of authority, express or implied, from persons holding a good title, for the purpose of supporting a forged or a fraudulent title, on which he might not be. able otherwise to recover. Doe ex dem. Hurst and others vs. Clifton 4 Ad. & El. 809, 31 Eng. C. L. Rep. 136. On the trial of ejectments, .on several demises, we will remark that the Court might, with much propriety, charge the jury to specify in their verdict the demises on which they predicate their finding, if they find for the plaintiff. Sometimes several persons have distinct interests in the premises sued for, and in all such cases there should be several demises. Tenants in common should lay several demises; joint tenants may lay one or several demises at their election. Tidd’s Prac. 1205. There are authorities, and the most approved, that joint tenants should always lay a joint demise. The special finding we have sug
Judgment reversed.