
    Jackson, ex dem. Moore, against Van Bergen.
    In an action of ejectment, the plaintiff gave evidence of a title to an undivided moiety of the premises only, but a general verdict was taken ; a motion for a new trial was refused, but the court ordered that the plaintiff, on the hah. ■ fac. possess, should take possession of the moiety only; . ’
    This was an action of ejectment, tried at the last sittings in Albany, before Mr. Justice Benson: A general verdict was taken for the plaintiff, and it appeared that the plaintiff gave evidence of title to an undivided moiety of the premises in question .only. On this ground a motion was made for a new trial,
    
      Emott and Van Vechten, for the plaintiff. .
    
      Spencer, for the defendant.
   Per Curiam.

The motion js denied, but it is. ordered that the plaintiff, on the hob. fac. possess, take possession of an . undivided moiety of the premises only.

Rulé refused.  