But the Court
(nem. con.) decided that it is no defence, the defendant not having been evicted.
The want of title in fee in the plaintiff is no bar to an action for rent, upon a lease for seven years, with leave to purchase the fee-simple within that term.
Appeal from the judgment of a justice of the peace who gave judgment for a half year’s rent, upon a lease for seven' years, with leave to the tenant, within that term to purchase the fee-simple upon payment of $480.
Mr. Bradley, for the appellant,
contended that the defendant is not bound, in equity, to pay the rent, because the plaintiff has not a good title in fee. Kirtland v. Pounset, 2 Taunt. 145; Smith v. Stewarl, 6 Johns. 46.
But the Court
(nem. con.) decided that it is no defence, the defendant not having been evicted.
4 Cranch 350
4 D.C. 350
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