Gale v. Hines

This is an action of ejectment by Gale and wife against Hines and wife for an undivided half interest in certain lands described in the declaration. To the declaration the defendants demurred, setting up as grounds of demurrer:

First. That ejectment cannot be maintained for an undivided interest in land.

Second. That a tenant in common catmot maintain ejectment against his companion, nor against the lessee of his co-tenant.

Third. That one joint tenant parcener, or tenant in common, cannot maintain an action of ejectment against his co-tenant without an actual ouster.

There was judgment for the…