
    Case No. 6,876.
    HUNGERFORD v. BURR.
    [4 Cranch, C. C. 349.] 
    
    Circuit Court, District of Columbia.
    Nov. Term, 1833.
    Replevin — Plea, op No Rent-Aerear — Burden op Proof.
    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 defendant
    [R. R. BurrJ. 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 Starkie, Ev. 1297; Alexander v. Harris, 4 Cranch [S U. S.] 304.
   THE COURT

(MORSELL, Circuit Judge, contra)

was of opinion that the whole bur-

den of proof was on the plaintiff.

MORSELL, Circuit Judge, was of opinion that the defendant must give some slight evidence of the arrears. 2 Saund. PI. 768; 2 Esp. 669.  