
    George Cornes, plaintiff in error, vs. Oliver Harris, defendant in error.
    
      Judgment affirmed.
    
    Wm. Tract for plaintiff in error;
    C. P. Kirkland for defendant in error.
   This was a case in relation to the action of nuisance, by writ of nuisance, under 2 R. S. 832. It was held that the declaration in such an action must show that the plaintiff has a freehold estate in the premises affected by the nuisance. Possession of the premises affected by the nuisance is sufficient to sustain an action on the case for damages arising from the nuisance. (Reported, 1 Comstock, 223.)  