
    PARLAMAN against PARLAMAN.
    ON CERTIORARI.
    Party’s confession as to possession, legal evidence in trespass.
    This was an action of trespass, brought by the defendant in this court, against the plaintiff here, for breaking and entering a certain room in the quiet and peaceable possession of her, the said Mary, and committing various acts of violence and injury therein, particularly set out in the state of demand. The defendant pleaded not guilty. On the trial of this cause, the defendant [196] below, offered to prove by a witness that the plaintiff below, had said that she was not in possession of [*] the property, but that the defendant was in possession. ' This testimony the justice rejected, and this was assigned for error. The plaintiff had a verdict and judgment thereon.
    
      Russell, for plaintiff.
   By the Court.

— The peaceable and quiet possession of, the plaintiff below, was part of the issue; her acknowledgment or declarations on that subject was evidence proper to go to the jury, and ought not to have been rejected. Therefore, judgment must be reversed.

Cited in Gregory v. Kanouse, 6 Halst. 62; Hill v. Carter, 1 Harr. 87.  