
    MORGAN v. HANNAH’S LESSEE.
    (S. C., Thomp. Cas., 44-45.)
    Knoxville,
    September Term, 1849.
    1. SUPREME COURT PRACTICE. Dismissal of appeal as to one joint appellant not perfecting' appeal.
    Where there are three joint appellants, two of whom perfect their appeal, and one fails to perfect his appeal, by giving bond or talcing the oath, the supreme court will dismiss his appeal, and award a procedendo and writ of possession; but will retain the case as to the other appellants. [Grills v. Hill, 2 Sneed, 715, 716.]
    2. SAME. Same. Proper judgment.
    The proper judgment in this character of ease is that the plaintiff be put in possession “to the same extent and in the same manner as the same was held by the defendant at the commencement of the suit.”
   This was au action of ejectment brought by Hannah’s lessee, against the three Morgans, tenants in common of certain real estate. Judgment below for the plaintiff, from which the defendants' appealed to the supreme court, and two of them perfected their appeal by taking the pauper oath, while the third failed either to give bond or to take the pauper oath.

Trewhitt entered a motion to dismiss the appeal as to all of the appellants.

The supreme court dismissed the appeal as to the one who had not complied with the law; but decided that the other two were properly in court, and discharged the motion as to> them.

Tbe clerk entered, tbe judgment generally against tbe defendant as to whom tbe appeal bad been dismissed; but tbe court on motion ordered it to be changed, and awarded a procedendo and a writ of possession to put tbe plaintiff in possession “to tbe same extent and in tbe same manner as. tbe same was held by tire defendant at tbe commencement of tbe suit.”  