This was another case in which a tenant in common for the one undivided third of a tract of land had brought his , suit for the whole, in which Judge Ray had ordered a non- » • suit upon the grounds mentioned in the preceding case.

Rule for setting aside the nonsuit made absolute.

N. B. The authorities are not given in this or the preceding case, as they both refer to the case of M-Fadden and■ wife v. Haley, which may be considered a leading case upon the subject.