
    Harris against Wadsworth.
    Amendment of tion, by adding .a new count, in covenant.
    THIS was an action of covenant, upon a covenant of seisin in a deed.
    
      P. W. Radcliff, for the plaintiff,
    moved to amend the declaration in this cause, by adding certain words men- ’ J _ tioned in the notice, and also a new and distinct count, upon the covenant for quiet enjoyment, contained in the deed.
    Hopkins, contra,
    read an affidavit, stating that pleas were put in, in September, 1806, to which the plaintiff demurred, and the defendant joined in demurrer; that the demurrer was noticed for argument in November term, 1806, at which term, on notice of a motion to that purpose, the plaintiff, by leave of the court, withdrew the demurrer, on payment of costs ; but has not since replied, or taken any step in the cause, except to give notice of the present motion. He cited Sackett v. Thompson, (2 Johnson, 206.)
   Per Curiam.

The case of Sackett v. Thompson was much stronger than the present. The court have a liberal discretion in regard to amendments, and we think it reasonable in this case, that the motion should be granted.

Rule granted.  