A Treatise On the Remedy By Ejectment And the Law of Adverse Enjoyment in the United States; Embracing in Full the Statutory Policy of the Several States, in Respect to the Action for the Recovery of Real Property

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Methold \. Noright^BW. E.-290. GulUon v. Wagstaff, lb. 317.) The affidavit of service of the declaration and notice should not be entitled in the real names of the defendants, but in the name of the casual ejector. {Anonymous, 2 Chittty's E. 181.) The lessor of the plaintiff should be properly stated, in the title of the affidavit; although if the lessors of the plaintiif are described to be executors, the affidavit of service need not in stating the name of the cause, notice the character of t
...he lessors stated in the declaration. {Doe v. Boe, 2 Dowl. P. C. 55. Same Case, 3 Tyr.
E. 602.) If, however, the character of the lessors of the plaintiff is stated^ in the entitling of the affidavit of service of the declara- tion and notice, although by mistake, it seems to be bad, and tlie affidavit cannot be used, though it refers to a rule annexed, which has a.correct title. {Doe v. Hoe, 5 Jurist, 508, E. C.) An affidavit of the service of the declaration and notice entitled " Doe on the several demises of A B, C D, E F and G H," where some of the demises were joint and others several, has been held to be sufficient.


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