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1 Lewis Debozear, Plaintiff in Error, versus Franklin Butler, Assignee of James Peters, Defendant in Error. Supreme Court, March Term, 1853. No. 44. Paper Book of Plaintiff in Error. Counter Statement of Defendant in Error 1853

handle is hein.trials/adja0001 and id is 1 raw text is: LEwis DEBOZEAR, Plaintiff in Error, ) SUPREE CoURT, versus MARCH TERM, 1,953. FRANKLIN BUTLER, Assignee of JAMES No. 44. PETERs, Defendant in Error. . PAPER BOOK OF DEFENDANT IN ERROR. Counter Statement of Defendant in Error. Lewis Debozear was the tenant of certain premises, under a lease from James Peters. The term expired November 1, 1552. Before that day, to wit, September 18, 1852, Peters sold to Franklin Butler by a regular conveyance. On the expiration of the lease, November 2, 1852, Butler, as Assignee of Peters, noti- fied Debozear to move in three months. He failed to do so, and complaint was made, February 5, 1853, in the regular form, before two justices, under the 12th section of the Act of March 21, 1772, (Purd. Dig. 10 16.) Under their precept a Jury was summoned, who found that the property had been so demised- that the term had expired-that three months notice to quit had been given, and finding, at length, all the facts set forth in the complaint. Debozear, without disputing any of the matters alleged in the complaint, filed, with the magistrates, his affidavit, setting up an alleged title in himself, under a pretended agreement to sell him the property. His affidavit did not aver that he had fully per- formed the alleged agreement, as stated in the paper book of the Plaintiff in Error, nor was there any pretence that he had improved the premises, as intimated in the agreement. The Justices entered judgment on the Verdict-which on certiorari to the Court of Common Pleas-was affirmed.

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