¶1The judges were of opinion, that the nonsuits ought to be set aside, and new trials granted. They did not conceive it necessary to determine whether a tenant in common may sue jointly with parceners, in such cases as these, or not. Since admitting it to be so, the defendant must plead it m abatement, if the tenant in common brings his action separately. See Runningt. 94. Co. Litt. 197. 3 Bac. Abr. 218. 1 Salk. 392.
¶2gave no opinion.