Majority
p. 1135Eliza Dike, App’lt, v. William K. Kilbourn, Resp’t.
Judgment and order reversed on the exceptions, and a new trial ordered, with costs to abide the event. Reid, that it was a question of fact for the jury whether defendant obtained or held possession of the premises in question under or by virtue of any valid agreement with the plaintiff; and also whether the agreement or consent were invalid by reason of fraud, want of capacity in plaintiff, or want of delivery or consideration therefor.