
    Porter et al. v. Warner.
    In an action of ejectment for land and damages, both must be demanded in the writ.
    ActioN of ejectment, that to the plaintiffs the defendant render the seisin and possession of a certain tract of land, of which the plaintiffs’ ancestor was seized, in June, A. D. 1789, and of which the defendant disseized him, and ever since hath continued to disseize and hold the plaintiffs out therefrom, to their damage £40 lawful money, for recovery whereof and for cost they bring this suit.
    Plea — 'Not guilty. Issue to the jury; who found the defendant guilty, and for the plaintiffs to recover the surrendery of the seisin and possession of the land demanded, with £ lawful money damages and cost.
    Motion in arrest — That the plaintiffs’ declaration was insufficient; because no demand was made of the land in the plaintiffs’ writ; without which the court cannot give judgment for the land.
   Judgment — That the motion in arrest is sufficient, but no cost allowed.  