Consolidated Realty Inv. Inc. v. Gasque

1. The directed verdict against the petitioner as to one defendant in a joint action being simultaneous with the entry of a judgment declaring a mistrial as to the remaining defendants, the petitioner is not precluded, upon the theory that the petitioner acquiesced therein by thereafter proceeding against the remaining defendants, from excepting to the direction of such verdict.

2. The provision of the Code, § 61-107, that a tenant may not dispute his landlord's title while in possession, is applicable to the petitioner here where, although no plea of estoppel was filed by the defendant who…