Newby v. Vestal

Assumpsit by Newby against Vestal, for use and occupation. Verdict for the defendant. New trial refused, and judgment on the verdict.

Upon the trial it was proved that the plaintiff owned a house in the town of Cadiz, Hewry county, which the defendant had used and occupied for the space of two and one-half years, and that the rent of said property was worth 2 dollars a month. This was sufficient to sustain the plaintiff’s case. But, in defence, the defendant set up that he had entered upon and so occupied the premises *413under a contract of purchase from the plaintiff, and was not, therefore,…