When several persons claim several parcels of land under distinct titles and do not sustain to each other the relationship of landlord and tenant, a joint action of ejectment may not be maintained against them nor may a joint or several recovery be had in such action either for the premises or for mesne profits.
(Orig. Code 1863, § 3272; Code 1868, § 3283; Code 1873, § 3359; Code 1882, § 3359; Civil Code 1895, § 5000; Civil Code 1910, § 5578; Code 1933, § 33-113.)
RESEARCH REFERENCES
C.J.S.
- 28A C.J.S., Ejectment, § 1 et seq.
ALR.
- Avoidance of multiplicity of suits as ground for jurisdiction in equity of a suit by one out of possession to quiet title against persons in possession of different portions of the land in severalty, 30 A.L.R. 109.