Rosenstein v. Forester

AVarner, Chief Justice.

This was a distress warrant sued out by a landlord for rent before the rent became due, on the ground that the tenant was removing h.is property. The rent agreed to be paid was specified in the agreement, to be cotton, corn, cotton seed and fodder. The defendant filed his affidavit, and replevied the property levied on, in which he alleged the rent claimed, or some part thereof, was not due. Upon this issue the case was tried, and a verdict found for the plaintiffs for the sum of $817 55. After the plaintiffs had closed their evidence the defendant moved the court to…