Mackin v. Haven

This suit was without pleadings—it having been begun before a justice of the peace—and it, therefore, is what the evidence may show it to be.

From the evidence, it appears that the suit was brought to recover rent due upon a lease under seal—a specialty-—■ by the express provisions of which the lessee bound his heirs, etc., to keep the covenants of the lease; and a recovery against appellant was sought upon' either one of two grounds; first, as heir of the lessee to whom real estate had descended, and, second, as the assignee of the lease in possession thereunder and enjoying the rights and…