May v. Sheehy

Decided April 15, 1831

This was an action of covenant, by the assignee of the lessor against the assignee of the lessee; The defendant pleaded that he was not assignee of the lessee. , The plaintiff offered parol evidence of possession by the defendant, and his payment of rent to the plaintiff, as evidence of an assignment. 2 Phil. Ev. 88, 89; Derisley et al. v. Custance, 4 T. R. 75. contends that the assignment can only be proved by deed, and the deed must be produced.

Decided 1831-04-15

The Court,

¶1(nem con.) permitted the parol evidence to be given; but instructed the jury that the plaintiff was not entitled to recover in this action unless they should be satisfied that the defendant was assignee of the whole estate of the.original lessee.

¶2Verdict for the defendant.