
    COURT OF APPEALS, JUNE TERM, 1820.
    Kennedy vs. Fowke.
    Proofeaimbtiie tents" of a ’paper the possession duce iu
    
    Appeal from Charles county court. It was an action of replevin, and the defendant, in the court below, (the r present appellee,) avowed the talcing the property as a distress for two years rent in arrear, for a store house and premises. The plaintiff pleaded to the avowry, no rent in arrear, upon which issue was joined. At the trial, the ■avowant gave evidence, that a written paper, or agreement, for renting the premises in the avowry stated, was sent and submitted to the avowant by the plaintiff, assented to by the avowant, and returned and left in the desk of the plaintiff in his store; and she then offered to prove the ■contents of said paper. The plaintiff objected to the admissibility of the evidence, and to the contents of the said paper being proved, as no notice had been given to the plaintiff to produce it. But the court, [Gantt, Ch. J.] overruled the objection, and allowed the evidence to be given to the jury. The plaintiff excepted; and the verdict and judgment being for the avowant, the plaintiff appealed to this court.
    
      Chapman, for the appellant,
    cited Peake's Evid. 8, and Lofft's Gilb.
    
    
      C. Dorsey, for the appellee.
   The court of appeals

reversed the judgment of the opunty court, and awarded & procedendo.  