Opinion
April Term 1818.
A tenant can not, without restoring the possession, oppose the claim of his landlord. (See s. c, 4 Hay., 154. Lane v. Osment, 9 Y., 90, citing this case.)
[Cited in: 4 Hay. 159 (foot note); 6 Yer., 284.]
as to the last point in the cause concerning which Whyte and Haywood disagreed, — that the tenant could not, without restoring the possession, oppose the claim of his landlord; therefore the judgment was reversed, and the cause remanded, that the evidence of the tenancy be received as proposed to be given by Phillips on the trial.