1. Where an agent authorized to rent land belonging to his principal made a contract in which the rent was payable to himself, and subsequently, claiming the rent adversely to his principal? *270instituted a distress-warrant proceeding against the tenant to collect the amount thereof, the agent being insolvent, equity will entertain a suit by the principal (or, he being dead, by an administrator upon his estate) to enjoin the agent from collecting the rent.
November 12, 1915. Equitable petition.- Before Judge Wright. Floyd. superior court. July 20, 1914. Henry Walker, for plaintiff in error. McHenry & Porter, contra.2. The petition was not subject to general demurrer.
Judgment affirmed.
All the Justices concur, except Bech, •/., absent.