Chever

This action was brought against certain Chinese tenants to recover rent for certain land, and against William J. Chever, who claims a certain interest in the land and rent, and who was made a defendant because he refused to join as plaintiff. The Chinese defendants paid the rent due into court; and the only matter in controversy is the right to a certain one fifth of the rent which is claimed by both plaintiff and defendant William J. Chever. The court first decided the issue in favor of said defendant, but afterward granted a new trial; and from the order granting the new trial the said defendant William J. Chever appeals. The plaintiff Edward E. Chever sues in his own right, and also as administrator of his deceased mother, Lydia D. Chever; and it is in his capacity as such administrator that he claims the said one fifth of the rent.

*70 The facts are, that James W. Chever, who was the father of plaintiff and defendant, died seised of the land in question in the year 1857. He left surviving him bis widow, Lydia D. Chever, and five sons, viz.: Edward E. (the plaintiff), David A, George F., Charles G., and the defendant William J. Chever. He left a will, in which he devised all…