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1 Witmer vs. Jeffries. Hayne vs. Jeffries. Argument of Defendant in Error 1854

handle is hein.trials/xxadin0001 and id is 1 raw text is: WITMER vs. JEFFRIES. HAYNE vs. JEFFRIES. ARGUMENT OF DEFENDANT IN ERROR. The action is on a covenant for rent running with the reversion., The plaintiff is the assignee of the reversion. The claim is for rent accrued after McCrea had ceased to.be owner of the rent. The defence is a breach of covenant by McCrea Either as 1. Set off for damages. 2. A/s an eviction. There is no averment that the wrong was continued at the time the rent accrued. In the one case, notice is not pretended. In the other, notice is averred to be brought home by inspec- tion of premises. This allegation is to be disregarded. Notice in fact is not alleged, and cannot. Appearance of premises could not, under any circumstances, give notice. For that must be of unlawful eviction. Want of possession is consistent with lawful acts. An allegation of circumstances as proof of notice must show such circumstances that the party was bound to draw the inference. Does the possession of a stranger give notice of an unlawful eviction. The defence is not failure of consideration by want of title- but an unlawful act after grat made.

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