§ 4763. When all tenants are not sued; disclaimer
The writ in the action of ejectment shall not abate because all the tenants are not
sued, but those on whom service is made shall answer for such part of the premises
only as they set forth in their answer, and disclaim as to the remainder. If a defendant
disclaims as to the whole, he or she shall recover his or her costs, unless the plaintiff
proves such defendant in possession of all or part of the premises demanded at the
commencement of the action.