Marley v. Noblett

Action by the appellee against the appellant. The complaint contained two paragraphs. The first was upon an account for the use and occupation of certain real estate. The second averred, in substance, that the plaintiff let to the defendant the premises, on the first of February, 1862, for the term of three years from that date; in consideration whereof, the defendant agreed that he would “during said term” furnish the materials and enclose the land with a substantial post and plank fence; that pursuant to the letting, the defendant took possession of the premises, and occupied the same…