Henry T. Robinson vs. Richard S. Roberts

Henry T. Robinson vs. Richard S. Roberts. One tenant in common can maintain ejectment alone. And it makes no difference that the plaintiff sues as a surviving partner for the possession of land owned by the firm as partnership property. Writ of error, to reverse a judgment in ejectment against the plaintiff in error. The original suit was brought by the defendant in error as surviving partner of the firm of Eastman and Roberts, the demanded premises having been owned by the firm as partnership property. Todd, for the plaintiff in error. The suit can not be maintained by the surviving partner alone. The title upon the death of Eastman did not vest in law in Roberts as survivor, but in him and in the heirs of Eastman. [Dutton, J. Can not one tenant in common bring ejectment alone ?] [Hinman, C. J. What has your client to do with it ? He has no title. The plaintiff has a title. How can your client object to his recovery, whether he sues alone or with others ?] The plaintiff must recover on his own title and in a suit properly brought. Our want of title will not aid him. We contend that the case differs from an ordinary one of a suit by one tenant in common, because the property here was partnership property, and the interest was therefore an entirety. Story on Part., §§ 3,89, 90. 1 Chitty PL, 12, and note 2. [Hinman,. C. J. It seems to me you have no case, Mr. Todd.] I believe I have presented what there is of our case. [Dutton, J. I think you have said all that can be said about it.] Averill, for the defendant in error, was stopped by the court. [MAJORITY] Judgment affirmed.