Den v. Huff

Decided September 15, 1847

Tennessee Supreme Court · decided 1847-09-15

This was an action of ejectment. At the return term, Huff, whose tenants were jointly sued • with one Gibson, was admitted to plead separately in the room and stead of his tenants. Gibson also pleaded for himself. The Clerk entered them as separate causes, and Campbell, the plaintiff, took out separate subpoenas in each case. Afterwards Huff compromised and confessed judgment for the costs of his case. He was charged with all the costs of witnesses- summoned in his ease.

Decided 1847-09-15

Reese, J.:

¶1The fact of several pleas docs not make several causes in any case but ejectment, and does not in that action necessarily. But where different questions are involved between different ■ parties upon different titles, it is proper in ejectment to sever the causes. The parties having recognized in this case a severance, and acquiesced in it, are bound by their acquiescence, and the taxation was hence proper. Each party will pay full costs. (1)

¶2Judgment affirmed.

¶3 Splitting of cause of action and accumulation of costs. Dews v. Eastman, 6 Yerg. 298.

¶4Separation of costs in same suit. Allison v. Thompson, 2 Swan 62; Boothe v. Cowan, 5 Sneed 354.

¶5Several executions levied on same property, only one advertisement to he made and changed for. Arnold v. Dinsmore, 3 Cold. 235.