Fosgate v. . the Herkimer Manufacturing and Hydraulic Co.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] An objection was raised by the defendants, to wit, that they occupied distinct parcels of the premises claimed in severalty, and that the court erred in refusing to require the plaintiffs to elect against which of the defendants they would proceed.

It is distinctly alleged in the complaint that the Herkimer Manufacturing and Hydraulic Company set up and pretend to have a legal title to the premises, and that the other defendants are tenants in possession of the…