
    Jackson, ex dem. Livingston and others, against Sclover.
    anaction°of™ jcctment, may of the declaralion, on. affidavit of their terest’ in°th» premises.
    rute is, that ejectment ought to have a subsisting title or interest in the premises ; but, under special circumstances! the court <vill permit the demises to be retained.
    A MOTION was made to have the demises of H. Roseboom$ and of several other lessors of the plaintiff in this suit, struck out 0f the declaration, on affidavits that they had no interest whatever in the premises, having alienated all their right, title, &c,
   Per Curiam.

The general rule is, that a person ought not to be made a lessor in ejectment, who has no subsisting title or in- " ^ terest in the premises. (Jackson, ex dem. Starr, v, Richmond, 4 Johns. Rep. 483.) The exceptions to this rule must depend on the particular circumstances to be shown to the court, *

Rule granted without costs.  