Barnes v. Nicholson ( 1807 )

By the Court.

— This is simply a case of landlord and tenant. The facts to be tried were, whether the plaintiff below was the lessor and let the land to the defendants, — _ whether they were tenants and took the land of the plaintiff, and whether they have holden over after the expiration of their lease?¹ This is all found by the verdict of the jury, in favor of the plaintiff below, [238] [*] and rightly. Although the estate which the plaintiff hath in the land must be set out, yet it is not intended to try the title in this action.

Judgment affirmed.

1 Vide Griff. Law Reg. 1307; 7 Halst. 199.