U.S. Supreme Court
Hicks v. Rogers, 8 U.S. 4 Cranch 165 165 (1807)
Hicks v. Rogers
8 U.S. (4 Cranch) 165
ON CERTIFICATE OF DIVISION OF OPINION AMONG THE JUDGES
OF THE CIRCUIT COURT FOR THE DISTRICT OF VERMONT
In Vermont, tenants in common holding under a devise of an estate to be equally divided between them may maintain a joint action of ejectment.
This was a case certified from the Circuit Court for the District of Vermont, the judges of that court being opposed in opinion upon the question whether the plaintiffs, devisees of a tract of land to be equally divided between them, could, under the will, support a joint action of ejectment. The declaration did not set forth the title of the plaintiffs otherwise than by the following averment: