Ex Parte Mason

BOULDIN,

J. Landlord and tenant may be joined as parties defendant in statutory ejectment. Code 1923, § 7454.

■ If the tenant in possession is sued alone, he may, on motion cause the landlord, if a resident, to be brought in as a joint defendant, or the landlord may, on application, he made such defendant. Code 1923, § 7458,

The tenant, the person in actual possession, is a necessary party, and the statute does not work a substitution of the landlord as sole defendant. If judgment goes for plaintiff, the tenant’s liability for damages for detention is limited to the rent in arrears at the…