Majority
p. 3Bethel v. Lloyd and others.
Syllabus
Partition.Under the plea of non tenent insimul, the defendants may show that some of them are not tenants of the freehold.
Partition. Plea non tenent insimul, &c. Defendants permitted to give in evidence to the jury, that some of them were not tenants of the freehold,[1] but only tenants at will.[2]
(a) (a) Cro. Eliz. 759.
(b) (b) 5) See Bates v. McCrory, 3 Yeates 192 ; M'Kee v. Straub, 2 Binn. 1 .