
    Hungerford v. R. R. Burr.
    Upon the plea of no rent-arrear, in replevin, the whole burden of proof is on the party pleading it.,
    Replevin. Avowry for rent-arrear. Plea, no rent-arrear.
    
      Mr. Wallach, for the defendant,
    contended that the burden of proof was on the plaintiff, to show that he had paid the rent; the plea admits every thing necessary, namely, the demise, the tenancy for the time, and the amount of rent accruing for the time. 4 Stark, on Ev. 1297; Alexander v. Harris, 4 Cranch, 304.
   The Court

(Morsell, J., contra:,)

was of opinion that the whole burden of proof was on the plaintiff

Morsell, J.,

was of opinion that the defendant must give some slight evidence of the arrears. 2 Saufid. on Pleading, 768; 2 Esp. Rep. 669.  