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Jackson, ex dem. Ostrander and another, against Hasbrouck
Per Curiam.
We grant the motion*; unless the les» sors of the plaintiff will elect by the first day of the next
[367] term to have a feigned issue, in order to try the fact in controversy. This seems to be the course of proceeding in the English courts, when the fac't is doubtful whether the lessor has taken possession of more land than he has recovered, or not. (5 Burr. 2673.)