[ 6] Ejectione Firme against two Defendants,
one pleads Not guilty, the other pleads, the
Plaintiff replies, and so Demurrer; no Judg∣ment
shall be given on the Demurrer, till
the Issue be tried; for in this Action the
Possession of the Land is to be recovered,
and it may be for any thing that appeareth
he who pleads the General Issue, has Title
to it; but if it had been an Action of Tres∣pass,
and the Plaintiff will release his Dama∣ges
on the Issue joyned, he shall have Judg∣ment
against the other. 2 Leon. 199. Drake
and Monday.
[ 7] Trespass is deins Stat. 21 Jac. which names
Trespass generally, but Ejectment is not,
1 Keb. 295. Power's Case.
[ 8] The Plaintiff declares in Trespass in one
Acre, and abutts it, the Jury find him guilty
in dimidio Acre praed', this is good; but if it
were in Ejectione, the Verdict had been ill;
for it is not certain in what part the Plain∣tiff
shall have his Habere fac' possessionem,
Yelv. 114.
Ejectione Firme and Trespass of Battery
were both in one Writ, and upon Not guil∣ty,
Verdict was given for the Plaintiff both
for the Ejectment and for the Battery, and
intire Damages. Q. of the Judgment; for the
Damages for the Battery could not be re∣leased,
because they were entire with the
Ejectment, Hob. 249. Bird and Snell.
Ejectione Firme against a Baron and Feme,
which are but one Person in Law, yet if the
Baron dies, the Suit shall proceed against the
Wife; for it is in the nature of a Trespass,
Hardr. 161.