Pinckard v. Milmine

This was an action of-ejectment, brought by George Mil-mine and Edwin C. Bodman against George Pinckard, to recover the lands described in the declaration, which premises they claimed “in fee simple, as mortgagees of Charles Fisher, for condition broken.”

Defendant filed a plea in abatement, in which he averred the “said Edwin C. Bodman,” one of the plaintiffs, was named Edward C. Bodman, and not Edwin C. Bodman. The plea was, in all respects, formal; was subscribed and sworn to by defendant.

Plaintiffs replied, they claimed possession of the property in the declaration mentioned under a…