#### HUDSON v. HODGE.

(Filed October 17, 1905).

Action Before Justice of Peace — Title to Beal Estate in Controversy.

In an action for rent begun before a justice of the peace where the defendant denied plaintiff’s title and lease, the justice properly dismissed the action.

ActioN by W. L. Hudson against Isham Hodge, beard by Judge G. S. Ferguson and a jury, at the March Term, 1905, of the Superior Court of Cumberland County, upon appeal from a justice of the peace. Erom a judgment for the plaintiff, the defendant appealed.

No counsel for the plaintiff.

N. A. Sinclair for the defendant,

Per curiam:

Action for rent begun before a justice of the peace. The defendant denied plaintiff’s title and lease, and the justice properly dismissed the action. The Code, sections 836, 837; Hahn v. Guilford, 87 N. C., 172. The judge below should have taken the same course. The litigation over the title and tenancy were before us at this term, Hodge v. Hudson.

Action Dismissed.