
    Copp vs. Lamb.
    The demandant, in a real action, is entitled to set off his costs against the value of the improvements, found for the tenant under the provisions of the stat. of 1821, eh. 47, sec. 1.
    In this action, which was a writ of entry, the jury found a verdict for the demandant, but also found, that the tenant was entitled to a sum of money for his improvements, under the provisions of the statute, ch» 47, sec. 1, commonly called the betterment act. Judgment was rendered on the verdict, whereupon Boutelle, for the demandant, moved to set off the demandant’s judgment for costs against the defendant’s claim for improvements.
    
      Hutchinson, for the tenant,
    stated that he appeared for an assignee of this claim from the tenant, and objected to the set-off; and argued, that this came within the general principle, that where a claim has been fairly assigned, no after claim on the assignor can be set off against it.
    
      Boutelle remarked, that the demandant became entitled to costs at the same instant, that the tenant became entitled to payment for betterments.
   The Court, on the next day, directed the set-off to be made.  