Majority
p. 49Wimple and another vs. M'Dougal.
Headnote
Ejectment. TETAN VECHTEN for the Plaintiff, ~ moved for leave to amend the declaration in ejeóiment, by adding a count on the demife of a perfon not originally named as a leffor. He mentioned the Cafe of Jackfon ex dem. Quackenbos vs. Dennis, where this was allowed.Graham contra.
In the cafe of Quackenbos vs. Dennis, it was fo ordered, and that is Lo be con-íiJ.cred as a precedent to govern. But it is rea-fonable that the Defendant fhottld be permitted to relinquifh his defence, if he chufes to So fo, as the introduction of a new party may vary his fituation. Let him cleft, by Friday next, to abide by or relinquifh his plea; and if he relinquifhes it, the Plaintiff muft pay all the coils accrued up to that Day.