PHILLIPS'S LESSEE v. ROBERTSON

Roane, J., concurred with HAYWOOD, J.

as to the last point in the cause concerning which Whyte and Haywood disagreed, — that the tenant could not, without restoring the possession, oppose the claim of his landlord; therefore the judgment was reversed, and the cause remanded, that the evidence of the tenancy be received as proposed to be given by Phillips on the trial.