Den ex dem. Price v. Sanderson

The opinion of the Court was delivered by

Hornblower, C. J.

After this cause had been once or twiqe carried down for trial, upon the general issue, the defendant pleaded, puis darrein continuance, in bar, that on &c. the lessor of the plaintiff entered upon the premises in question, “ in and upon the possession of the defendant,” and then and there took possession of the said premises, and from thence hitherto held the same against the said defendant. To this plea the plaintiff replied, preclvdi non, &c. because the defendant, after issue joined, to wit, on &c. abandoned the possession of the…