Massachusetts Supreme Judicial Court October 15, 1833 (Smith v. Shepard)

The opinion of the Court was afterward drawn up by

Shaw C. J.

To an action of covenant for rent, eviction of the tenant by a paramount title is a good defence. Bac. Abr. Rent, L; Hunt v. Cope, Cowp. 242. The facts agreed do show, that the defendant was ousted by title paramount.