
    George Perry against Thomas Middleton.
    
      Columbia,
    
    1802.
    Qnejoint-te-bring^hisae-whoief°of the premises,may notivithstand-ing recover as iai' as Ills ri^ht extends. See the foregoing ¿ase of Perry so^the^caserf JVFFadden wife v. Haley.
    
    TRESPASS to try title to land in Lancaster district, Nonsuit ordered. Motion to set the order aside.
   This was another case in which a tenant in common for the one undivided third of a tract of land had brought his , suit for the whole, in which Judge Ray had ordered a non- » • suit upon the grounds mentioned in the preceding case.

Rule for setting aside the nonsuit made absolute.

Ail the Judges present.

N. B. The authorities are not given in this or the preceding case, as they both refer to the case of M-Fadden and■ wife v. Haley, which may be considered a leading case upon the subject.  