5 Watts 456 | Pa. | 1836
The opinion of the Court was delivered by
This was an action of ejectment to recover the possession of fifty acres of land. The plaintiff gave in evidence an article of agreement between John Dougherty, under whom both parties claim title, and James Wilson, dated the 2d of October 1829, by which Dougherty agrees, for the consideration therein mentioned, to convey the land in dispute to James Wilson. Wilson assigns the article to Jack on the 11th of January 1830; and John Dougherty, on the same day, for the consideration of 1 dollar, conveys the property to Jack.
The defendant alleges duress, fraud and want of consideration in the agreement between Wilson and Dougherty, and in the agreement and deed of Dougherty to Jack; and, that on the 6th of January 1829, which was 'before the agreement between Dougherty and Wilson, Dougherty had leased the premises to the defendant for the term of. ten years, which is not yet expired. . By the article, John Dougherty
When the legal ownership of the inheritance and the term meet in the same person a legal coalition occurs; and, at law, the term, which before was personal property, falls into the inheritance and ceases to exist. But in equity another kind of ownership takes place, being an equitable or beneficial ownership, as distinguished
Here, the continual existence of the term is necessary, as has been before observed, for the protection of the owner of the inheritance, as a merger would sweep from him all his interest, whether real or personal, in the estate ; and has also the additional effect of destroying the interest of the person for whose benefit principally the term was created. It results from these uncontested principles of equitable jurisprudence, that there was error in instructing the jury, that the term merged in the fee; and that the lease was no bar to the action unless the transaction be tainted by actual fraud.
On the point of duress the court have distinctly recognised the principle established in Stauffer v. Latshaw, 2 Watts 162, and have left the question of fraud as an open one to the jury; so that on this, and on the other part of the record, there is no tangible error.
Judgment reversed, and a venire de novo awarded.