delivered the opinion of the court.
According to the decision in the case of Abney and Bar-net, fall term, 1817, the court below erréd in this case, in instructing the jury, that if the plaintiff did not prove that the several persons upon whom the notice iii ejectment was served, entered and held jointly, they must find for the defendant.
The judgment must therefore be reversed, and the cause remanded for a new trial, to be had not inconsistent with the foregoing opinion.