Denning v. Corwin

4 Wend. 208

Opinion

By the Court,

Sutherland, J.

This is a case in which notice should have been given to the defendants, so that they might have been heard. The plaintiff claims only an undivided third of the lot; the defendants therefore may be tenants in common with him, and if so, have the right, until a partition, to the enjoyment of the property. They are not trespassers, and cannot be treated as such by the court. The motion is denied.