Majority
p. 316Stiles, Probasco tenant, ads. Jackson, ex dem. Ten Eyck. in opposition to the motion, relied on 10 Johns. R. 224, 3 Caines, 188.
Headnote
In ejectment, consídm-eTasa landlord entidefend, whose ted^íanTconsistent with the Phe occupier. °fMotion to admit infants to appear by guardian and enter into the consent rule. The declaration in ejectment in this cause was served on the tenant, who is the step-father of the infants, who claim title to the premises in question, and reside with the tenant on the same. The father of the infants held the premises under a contract of purchase, and since his decease, the title has been conveyed to them by the vendor. The lessor of the plaintiff claims the premises by virtue of a purchase at sheriff’s sale, under an execution on a judgment in his favor, against the tenant and his wife, for a debt of the wife whilst sole. The tenant and his wife have been in possession for a number of years, exercising acts of ownership. The lessor alleges the title of the infants to be fraudulent. The tenant refuses to defend.
W. M. Oliver, for infants.
I. Taylor, for plaintiff,
p. 317
By the Court,
The infants are entitled to defend by guardian, as landlords of the premises. Every person may be considered as a landlord for this purpose, whose title is connected to and consistent with the possession of the occupier. (Adams on Eject. 230. Burr. 1290.) And when the lessor in ejectment claims an interest inconsistent with the title of the landlord, the latter may defend.
Motion granted.