Stephens v. Pickering

Grice, Justice.

Only the ruling in the fifth headnote will be discussed. Complainant’s insistence is that if Pickering had sworn the truth, a verdict contrary to that which was directed would have been demanded. The basis of this contention is that as a matter of fact Pickering did own the personal property left by Bryan & Company on the premises owned by Stephens, as shown by the allegations and exhibits, notwithstanding his testimony delivered at the trial; and hence that, having shown title in the plaintiff and occupation by the defendant, an obligation to pay rent was implied. Code, §…