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In Owings v. Norwood's Lessee, the Supreme Court of the United States held that a tenant in possession of land could not be evicted by another person claiming title to it without first obtaining a writ of ejectment from a court. The case arose when William Owings brought an action against John Norwood for trespass and ejectment after Norwood had forcibly removed him from his property. The Supreme Court found that although Norwood may have been entitled to the legal title, he was not entitled to take possession until he obtained a writ of ejectment from a court with jurisdiction over such matters. This ruling established important precedent regarding how disputes between tenants and landlords should be resolved in American courts.
In Owings v. Norwood's Lessee, the Supreme Court was asked to decide whether a tenant in common had the right to bring an ejectment action against another tenant in common for possession of land they both owned. The majority opinion held that such an action could not be brought because it would interfere with the rights of other tenants in common who were not parties to the suit and whose interests might be affected by its outcome. However, Justice Story dissented from this decision on two grounds: first, he argued that there was no legal principle preventing one tenant in common from bringing an ejectment action against another; second, he maintained that if such actions were allowed then all tenants would have equal protection under law regardless of their number or size. He concluded by stating his belief that allowing these types of suits would promote justice and fairness among co-tenants without infringing upon any individual's rights or privileges as a property owner.