Jones v. Overton

*334OPINION of the Court, by

Ch. J. Boyee.

This was a warrant for a forcible detainer, brought by one of several co-heirs of the lessor, against the assignee of the lessees.

It would certainly have been more regular for the other heirs to have joined, but their not having done so is bht matter of abatement; and it is plain from the provisions of the act of assembly giving this remedy for the restitution of the possession of lands, that mere matter of abatement is not an available defence : for there is not only no mode pointed out by which advantage might be taken of it, but the proceedings required…