
    Gunby vs. Selby.
    In an action of debt upon a guardian’s bond,.dated in 1797, the plaintiff proved by a witness, that lend of the plaintiff was duvmg his minority, rented by the guardian to the witness, in 3791, and that the rent was afterwards lessened, in conse ' qucnce of an agreeinent between them, that the witness ' should take charge of the defendant's stock qpon the land.-— Held, that such evidence was in» admissible '
    Appeal from Worcester county court. Debt on a guardian’s bond, dated in 1797, ■ At the trial, tile plaintiff, (the appellee,) offered a witness to prove that the lands, the property of the plaintiff, were, during his minority, rented by the defendant, ('now appellant,) to the witness, in 1791, and that the rent agreed upon between the witness and defendant was lessened in consequence of an agreement between them, that the witness should take charge of the defendant’s stock upon the lands. The defendant objected to. the admission of such eyidence, as incompetent. But fhe court, [Polk, Ch. J.] was of opinion, that it was proper to be given to the jury, and to examine the witness as to the said facts; and the same was accordingly done. The defendant excepted; and the verdict and judgment; being against him, lie appealed to this court.
    The cause was argued before Tilghman, Buchanan9 and Gantt, J. by ‘
    
      Whittington and Wilson, for the Appellant,
    and by
    
      J JBayly, for the Appellee.
   JUDGMENT REVERSED.  