6 Watts 370 | Pa. | 1837
The opinion of the Court was delivered by
By the original lease of the 31st of January 1824, the lessees became entitled to a freehold, during the life of Margaret Johnston, subject to an annual rent of 50 dollars. And it was further agreed, that if, at the expiration of that time, they should pay the lessor 1000 dollars, he agrees to convey all his interest in the premises to the lessees, or the survivors of them. The lessees entered and occupied the property until the spring of 1828; and at that time, Andrew, the lessor, having sold, or having agreed to sell, one half of the land, proposed, that if William and Margaret Johnston would leave the demised premises, and remove to the land in dispute, they should hold the same, on the terms stated in the lease; or that, after the expiration of one year, he would restore them to the possession of one hundred and eight acres of the premises, on
Judgment reversed, and a venire de novo awarded.