
    JONES and ux. against LORE.
    OH CERTIORARI.
    Lore sued Jones and wife, before the justice, to recover the expense^ in repairing the proportion of the meadow bank, belonging to the defendants, under the bank act. It appeared, that the meadow and bank to which the repairs had been done, belonged formerly, to one Abel Lee, who died, and that his widow married one Steward; that Steward and wife lived on the place of Lee, and occupied it, and took the profits; that while Steward and wife thus occupied and took the profits of the meadow and farm of Lee, this work was done; that Jones’ wife, and another daughter of Lee, were infants when the repairs were done; that thé plaintiff below had laid by for several years, until Stewart’s wife had died, and Jones had married the other defendant, and came into possession, and then brought the action against Jones and wife, as owners of the bank and meadow. The other daughter of Lee was not sued.
    
      Oreme, for plaintiff.
   By the Coubt. — This

is a plain act of wrong and injustice. The plaintiff should have brought his action against Steward and wife. They occupied the [*] meadow and took the profits of it, and were for the time the owners, and ought to have paid the repairs. Besides, [764] if one of the daughters were liable, the other was also; and the action should have been joint against both.

Judgment reversed.  