a meaning in the one case, different from that given in the other. They take title of the same nature, and to the same extent, as that which vests in the survivor.
The plaintiffs in this case, upon the death of their mother, became tenants in common with the defendant, of the premises in controversy ; and as already remarked, they *497all alike, in proportion to tbeir respective interests in tbe premises, received tbe benefits of tbe Yan Ness Ordinance and its confirmation.
Tbe Act of 1861, amendatory of Section 11, was passed for tbe purpose of obviating, for tbe future, many of tbe inconveniences, and perhaps hardships, which are so forcibly presented by tbe defendant. It was deemed proper to change tbe statute, so that upon tbe death of tbe wife, tbe entire common property should go to tbe surviving husband.
Judgment reversed and cause remanded, with directions to render judgment that each of tbe plaintiffs is tbe owner in fee of tbe undivided quarter of tbe premises; and that tbe defendant is tbe owner in fee of tbe undivided half of tbe premises as tenants in common.