Lessee of Cain against Henderson

Lessee of Cain against Henderson. Pittsburg, Saturday, September 9. The grantor of a whoVasn<rt’ given any wartísed^’any tion upon the competent witness to support r A ‘'HE defendant moved for a new trial in the Circuit Court of Greene county, which was refused by his Honour Judge Yeates; and he appealed to this court for two ®ecaV*se a certain Edmund, Pollock, who was the original settler of the tract, part of which was in question, anc* w^° s0^ ^ *an^ to ^ Person from whom it came to the plaintiff, was admitted as a witness. 2, Because the verc^ct was agamst the weight of evidence. Whcnthejudge who tried the satisfied”with1S" the verdict, it must be a very strong case that will induce this new'ttríal§Tant & The sale by Pollock mas by parol without any warranty, or deception uPon purchaser; and Judge Yeates, upon re^porting the case, said that he was not dissatisfied with the verd;ct. Campbell for the defendant, was about to argue that Pollock was an incompetent witness, because as he sold the land, he would be liable to an action in case a part of it was lost. But the court intimated their opinion that the objection could not be supported, as there was no evidence that Pollock gave any kind of warranty, or was guilty of any deception in the sale. Campbell then said, that as he relied principally on this exception, he should proceed no further. The Court thereupon remarked, that as to the other point, viz. that the verdict was against evidence, it must be a very strong case indeed, which would induce them to order a new trial, where the judge who tried the cause was not dissatisfied with the verdict. Boss for the plaintiff. [MAJORITY] Judgment affirmed.