Opinion
Fall Sessions, 1854.
Smithers, for plaintiff.
Comegys, for defendant.
REPLEVIN on a taking as a distress for rent. Plea, riens in arrear.
The renting was for two-fifths the corn, and the sole question was, whether the full amount had been delivered. A witness who had examined the field for that purpose, was asked to give an estimate of the amount of corn raised; and this testimony was objected to.
The Court permitted it to go to the jury.
The plaintiff had a verdict.