
    John Doe ex dem. Chapin vs. Scott.
    tf a plaintiff in ejectment fail of shewing a title to the whole of the land described in his declaration, he may still recover a part in severalty or an nndivided part according to his title.
    THIS was an action of ejectment for lands in Weathersfield.
    It was objected, that the plaintiff had proved a title to no more than three fourths of the lands in question; that as he had demanded the whole, he had failed in his proof.
    
      Windsor,
    
    December, 1789.
   Chipman, Ch. J.

In ejectments, the plaintiff shall recover according to his right: if the whole be demanded, the Jury may find f6r a moiety, and it is good. 1 Bur. 326.

Smith and Knight, Js. concurred.  