Daniel v. Bratton

This is an action of ejectment, on a joint and several demise, in the names of sundry persons claiming as tenants in common, under the will of one Coulter.

Judgment of eviction, for the entire tract of land, as described in the declaration, having been rendered against the defendant in the action, he has appealed to this court.

Two question only will be considered : 1st. Can the judgment for the entire tract of land be sustained ? 2nd. Did the circuit court err in instructing the jury ?

First. Thomas Stagner, who was living at the time of the trial, was the husband of one of the tenants in com-i…