Wisner v. Wilcocks — 1 Cole. & Cai. Cas. 62

Majority

p. 62

Wisner and others v. Wilcocks and others.

Headnote

OGILVIE moved that Amos Wilcocks be admitted to defend' jointly, on his affidavit that the defendants hold of him as their landlord.

Biggs, for plaintiff,

opposed the granting a rule, because the affidavit did not specify that Amos Tlfilcocks was in the receipt of rent.

There is no case which goes the length of saying that none are to be considered as landlords within the meaning of this rule, but those who actually receive rents. Some dicta look that way, but it is the privity of interest, and not the receiyj'ng of rent, which is the true test. A mortgagee ° ° out of possession may be let in to defend. Strangers only are to be excluded.

Motion granted.