McNeill v. Smith

David A. McNeill sued out a dispossessory warrant against Mrs. Marcus B. Smith. Mrs. Smith filed a counter-affidavit, alleging that her term of rent had not expired, that she was not holding over and beyond her term, and that she did not hold the premises from the plaintiff or from any one under whom he claimed. The jury found for the defendant and the plaintiff excepted.

Two issues were raised by the evidence; one was whether Mrs. Smith made an agreement to pay rent on the dwelling house involved; the other was whether the defendant’s husband held the house under a parol agreement made by him…