
    James Crampton v. John P. Van Ness.
    The want of title in fee in the plaintiff is no bar to an action for rent, upon a lease for seven years, with leave to purchase the fee-simple within that term.
    Appeal from the judgment of a justice of the peace who gave judgment for a half year’s rent, upon a lease for seven' years, with leave to the tenant, within that term to purchase the fee-simple upon payment of $480.
    
      Mr. Bradley, for the appellant,
    contended that the defendant is not bound, in equity, to pay the rent, because the plaintiff has not a good title in fee. Kirtland v. Pounset, 2 Taunt. 145; Smith v. Stewarl, 6 Johns. 46.
   But the Court

(nem. con.) decided that it is no defence, the defendant not having been evicted.  