Ejectment — Action by Lessee for Benefit of Lessor — -Verification of Complaint by Lessor Showing Title — Lessor Bound. — In an action by a lessee brought for the benefit of the lessor, who verified the complaint showing her title to the premises, the lessor is bound by the action as having been brought to determine her title, and by any judgment which might be rendered therein.

Id. — Right of Recovery by Tenant in Common — Benefit of Cotenants — Adverse Possession. — The lessor as a tenant in common, with other owners, had the right to recover the possession of the whole premises, if at all, and such recovery would inure to the benefit of all other tenants in common, so as to prevent the defendant from acquiring title against them by adverse possession pending the action.

Id. — Expiration op Lease — Substitution op Successor to Whole Title. — After the expiration of the lease, the court properly allowed the substitution of a plaintiff who had succeeded to the whole title of all the tenants in common, including that of the lessor whose title was represented in and bound by the original action.

Id. — Right op Successor to Resultant Damages. — In case of recovery in the action by the successor to the title, the resultant damages for the value of the use and occupation during the period of the unlawful detention are properly awardable to him.

Id. — Equitable Defense — Fraud of Predecessor in Title — Judgment in Separate Suit — Statute op Limitations — Effect in Ejectment. — When the defendant had originally pleaded as an equitable defense to the ejectment suit, the fraud of the predecessor in title of the lessor in imposing upon him a fraudulent deed for less property under an alleged contract for the purchase of the whole property sued for under which the purchase money therefor was alleged to have been paid, and instead of trying the equitable defense, instituted a separate suit to enforce the contract on the ground of the alleged fraud against all claimants of title in which the action was defeated under the statute of limitations, the effect in the ejectment suit is the same as if the same matter had been set by cross-complaint in ejectment, and adjudged to be barred by the statute of limitations.

Id. — Plea of Prescriptive Title under Contract of Sal® — Payment in Full — Vendee Not Estopped. — The rule that a vendee cannot dispute the vendor’s title applies only while the contract remains executory on his part, but when he has paid the purchase money in full, his possession under the contract is adverse to the vendor, and he may plead and prove a prescriptive title acquired against the vendor by adverse possession under the contract for the requisite period before suit commenced, and it was error to disallow sufch proof.

Id. — Testimony Showing Fraud in Aid of Prescription under Written Contract. — The circumstance that in aid of the prescriptive title under the written contract, the testimony shows the fraud of his vendor, which was adjudged against him as a separate equitable defense, cannot preelude Ms recovery under the separate plea of adverse possession under the contract as a written instrument. Such testimony was admissible to show the character and circumstances of his entry into possession under the written contract and of Ms continued possession thereunder after entry, and it was error to exclude it.

Id. — Proof op Contents op Lost Contract — Parol Evidence. — After proof of the loss or destruction of the written contract, the defendant was entitled to prove its contents by parol evidence.

Id. — Action Pending in Old District Court — Jurisdiction oe Superior Court.: — When an action of ejectment properly commenced in the old district court was pending in a particular county when that court was abolished,, the superior court of that county has jurisdiction to hear and determine the action, regardless of the aetual location of the land, and the substitution of an owner as plaintiff cannot affect the jurisdiction or require the transfer of the trial of the case to the county in which the land is situated.