Perry v. Walker

The presiding judge (Bay)
was of opinion, that as there had been no partition or division of the property, and as plaintiff had claimed the whole, and not his third or u.ndi-*462vided interest only, that he could not maintain this suit, and therefore ordered a nonsuit.

This was, therefore, a motion to set aside this nonsuit, •which was ordered accordingly, upon the principles and authorities of the next preceding case of M'Fadden and wife v. Haley.

All the Judges present.