
    Case No. 3,348.
    CRAMPTON v. VAN NESS.
    [4 Cranch, C. C. 350.] 
    
    Circuit Court, District of Columbia.
    Nov. Term, 1833.
    Action fok Rent.
    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 -$4S0. Mr. Bradley, for appellant, contended that the defendant [John P. Van Ness] is not bound, in equity, to pay the rent, because the plaintiff [James Crampton] has not a good title in fee. Kirtland v. Pounsett, 2 Taunt. 145; Smith v. Stewart, 6 Johns. 40.
   But

THE COURT

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