He should swear that he is a tenant m common.
Davis. It is a question of law, whether he is so or not. He can do no more than state his belief.
Savage, Ch. J.He can take the advice of counsel. At least, he must swear that he claims as a tenant in common. That he believes the ejectment will involve a question between tenants in common is not enough.
J. A. Collier, opposed the motion. He cited Jackson v. Lyons, (18 John. 398.)
Motion denied.