¶1There is nothing in the plea in abatement which the defendants could not take advantage of at the trial, on the general issue. If Anne was the wife of Adair and not of Kopez, the latter could not join with her in making the lease laid in the declaration, and consequently, the plaintiff must be non-suited for want of shewing a title in himself. Though the lease to the nominal plaintiff be a fiction, which is admitted by the common rule, yet it must be pursued with correctness and accuracy.
1 Yeates 551
Roe v. Mayor
Decided September 15, 1795
Supreme Court of Pennsylvania · decided 1795-09-15
Ejectments for lands in. the county of Philadelphia, with notices to appear at the last September term. On the 1st December 1794, the tenants appeared, entered their pleas of not guilty, and into the common rule.
Decided 1795-09-15