
    Tyner vs. Slappey.
    [Jackson, C. J., not presiding, on account of providential cause.]
    If tlie relation of landlord and tenant existed at the date when an obligation for rent was incurred, the fact that such relation ceased before the landlord proceeded to enforce his claim by distress warrant, would not affect his right so to do, or render such proceeding illegal.
    Judgment affirmed.
    October 2, 1884.
   Blandeord, Justice.

[Slappey sued out a distress warrant against Tyner. The latter defended, on the ground that the relation of landlord and tenant had ceased to exist before the warrant was sued out. From an adverse ruling in the superior court, he excepted.]  