Hodge v. Bishop

*420The opinion of the court was delivered by

Burch, J.:

The action was one to recover rent for thé use of real estate. The answer, besides contesting the rent account, presented certain claims of an equitable nature to the real estate itself growing out of the contract to pay rent. The reply disputed those claims. Evidence was introduced and findings of fact were returned by a jury relating to both branches of the case. The court then struck out the findings relating to the interest in the real estate claimed by the defendants, declined to adjudicate that matter, and rendered judgment on the rent…