Common Law Procedure Amendment Act (Ireland) 1853

Defence by joint Owners.

CCX. In case of such an Action being brought by some or One of several Persons entitled as Joint Tenants, Tenants in Common, or Coparceners, any Joint Tenant, Tenant in Common, or Coparcener in possession may set forth in his Defence that he is such Joint Tenant, Tenant in Common, or Coparcener, and defends as such, and admits the Right of the Plaintiff to an undivided Share of the Property, stating what Share, but denies any actual Ouster of him from the Property, and upon the Trial of such an Issue the additional Question of whether an actual Ouster has taken place shall be tried.