1779-10-23 (static/transcriptions/1779/10/004.jpg)

1778. 4 Term. [Saturday] Oct. 23.

was therefore unwilling his title should be tried in this Court, to find some Man who was not subject to the jurisdiction, and name him as Defendant, though he had no pretence of Title to the Land, and then by putting in the Plea to the jurisdiction end the suit, when the real Tenant in possession might be subject to the Jurisdiction. To this Mr. Newman answer’d, the Man who he desired to have admitted to defend was the Man to whom the Notice was directed and deliver’d as Tenant in possession.
Hyde. Then the Plaintiff has determined for himself who is Tenant in possession, and in this Case, without any affidavit you may take the Rule which has been establish’d, as the form to be used in Cases where there is to be a Plea to the Jurisdiction. I think the Petition in the Case of Ejectment, ought to be sign’d by the Party himself, and not by his Attorney, but as you say there may be difficulties in so doing, let the usual practice be follow’d, and let this Petition, as usual be sign’d by the Attorney.