
    GENERAL COURT,
    OCTOBER TERM, 1797.
    Wolgamot vs. Bruner.
    Appear from Washington county court from a judgment of nonsuit in an action of replevin, wherein the defendant avowed a distress for rent in arrear. The plaintiff pleaded thereto nothing in arrear, payment and discount in bar as to part of the rent, and payment as to the residue. Issue was joined as to the first plea; nonpayment replied, and issue joined to the second plea', and demurrer to the third plea, and joinder. Verdicts, That the value of the property distrained amounted to 321.10s. current money, and the rent in arrear to 331. Os. 10d. current money. Judgment upon the demurrer for the defendant} and judgment that the defendant have a return, &c. to the amount of 32i. 10s. 0d'. current money, to hold, &c. and costs,
    BIRR 0E EXCEPTIONS.
    The plaintiff at the trial, to support the issue on his part as to the pleas in this case filed, of no rent in arrear, and of payment as to part and tender as to the residue* offered evidence to the jury to prove, that on the 1st of March, 1794, he the plaintiff, without any consideration therefor, assigned to the defendant a note of hand for 21t. Os. lOd. which the defendant received, and agreed to take upon himself the recovery thereof, and to make himself answerable to the plaintiff for the amount thereof} which he offered in evidence to the jury of a payment for the amount of the said note in part discharge of the rent avowed for in this cause.
    
      The county court adjudged, and so directed the jury, that this was no evidence to them of any payment by the plaintiff to the defendant, in part discharge of the rent avowed for in this action. The plaintiff excepted, and appealed to this court.
    
      Mason, for appellant.
    
      Shaaff, for appellee.
    Statutes cited — 7 Hen. 8,ch. 4. 21 Hen. 8, ch. 19. 17. Cha. 2, ch. 7. 19 Geo. 2, ch. 19, s. 23. Lill. Ent. 348, 542.
   The generar court affirmed the judgment of the county court.  