
    George Anderson v. Richard Harris.
    Columbia,
    Dec. 1829.
    In trespass to try titles, the defendant, under the general issue, may give in evidence a lease from one, under whom plaintiff claimed, executed prioi to the conveyance to plaintiff. The 83d rule of Court, which requires the defendant to plead his title specially, has been declared obsolete, and is no longer of force, vide Judge». Cloud, 4 M’C. 235, and Underwood v. Sims, 2 Bailey, 81.
    Where a purchaser has received express notice of an existing lease before making bis purchase, such lease although not recorded, conformably to the requisitions of the act of 1817, will be7 valid and effectual against the conveyance of the purchaser, although the latter has been duly recorded, vide Tartu. Crawford, 1 M’C. 265: M’Fall v. Sherrard, Harp. 295. Acts of 1817, p. 35.
   Per

Nott, J.

confirming the decision, and approving the instruction to the jury, of Mr. Justice O’Neall, at Laurens, Fall Term, 1829.

Colcock, J. and Johnson, J. concurred.  