Wilson’s Lessee v. Campbell

by Supreme Court of the United States

WILSON'S Leʃʃee verʃus CAMPBELL.

E

JECTMENT.—Yeates, for the defendant, when called upon at the trial to confefs, Leaʃe, Entry and Ouʃter, confeffed Leaʃe, Entry, and Ouʃter for part only of the tenements laid in the declaration.

This was oppofed by Bradʃord, who contended, that the defendant having taken any general defence, when he firft pleaded, and entered into the common rule, he muft now confefs Leaʃe, Entry and Ouʃter as to the whole ; but the plaintiff can recover no more than he proves the defendant to be in poffeffion of. 1 Att. Prac. 317.

by the court : The defendant muft in this cafe, confefs Leaʃe, Entry, and Ouʃter for the whole tenements laid in the declaration.^[♦]