
    Jackson, ex dem. The Trustees of the Union Academy of Stone Arabia, &c. against Plumbe.
    Where a corpothe""ouT^contract, or to recover real property, they must, at the tnal, show that they are a corporation, or be nonsuited-
    
      THIS was an action of ejectment, tried at the Mont~ gomery circuit, in September last, before Mr. Justice y t x
    
    After the confession of lease, entry and ouster by the _ 7 J J defendant, the plaintiff proved a deed of the land t® the lessors in fee; and that the defendant was, at the commencement of the suit, and still is, in possession. The counsel for the defendant moved for a nonsuit, on the ground that the plaintiff had not produced the patent or charter creating the lessors a body corporate; and for want of this evidence the judge ‘nonsuited the plaintiff.
    A motion was made to set aside the nonsuit, which was submitted to the court, without argument.
   Per Curiam.

The rule seems to be that when a corporation sues, either on a contract, or to recover real property, they must, at the trial, under the general issue, prove that they are a corporation. (Hob. 21. 2 Ld. Raym. 1535. 1 Kydon Corporations, 292, 293. Peters v. Mills, Bull. N. P. 107.) The nonsuit in this case was, therefore, properly directed.

Motion denied.  