HALIFAX

APRIL TERM, 1792.

#### James Tiller Gee v. Jarret Young.

Case for the use and occupation of a plantation. Young had married tire widow of Drury Gee, to whom Drury had devised the plantation for her life, remainder to the Plaintiff. Site died the first of April, 1789, and the Defendant had then sown part of the land in oats, and other parts he had broken up and prepared forjóte reception of Indian corn. The following cases weiVxited to wit, 2 Inst. 81. 2 E. V. M. 464. * 2 Bl. Coin. J22, 146,403. Co. Litt. 55. 5 Hep. 116. L. Ev. 242 to 252. And by ‘Spencer, who delivered the opinion of the Court, the Defendant ought to be allowed for his labor in preparing the ground for tillage, that is, the ground intended for Indian corn; but yet the Plaintiff is entitled to recover, and recommended to the jury to give a verdict for the Plaintiff for the value of the use of the plantation, after deducting the value of the Defendant’s labor: which was done accordingly, and Plaintiff had judgment.

Note. — Vide Tol. Law of Ex’rs. 204.