Publisher's Synopsis
Excerpt from Reports of Cases Adjudged in the Court of Error and Appeal, Vol. 2
I will take up the case of the Bryants first. It is not denied in evidence they had a lease for that portion of the estate in their possession for twelve years from the 1st of May, 1841, with the right to purchase within that period from Bridge, who now is admitted to have been the true owner of the estate. Mr. Smith's purchase Was therefore subject to that right, and he was aware the Bryants were in possessmn, and that they claimed such right when he acquired the estate. The action of ejectment against them failed upon the ground of the presumption of the plaintiff's death. The decree against them proceeds upon the double ground that at the time of the filing of the plaintiff's bill they had not paid up their purchase money in full, and besides had bought the estate after the expiration of the time allowed them to do so, and therefore were in no situation to resist the plaintiff's claim. The latter ground is founded upon a mistake, as it was supposed they had only nine years in Which to purchase, whereas they had twelve years to do so. They had succeeded in the ejectment suit on the ground of the supposed death of the plaintiff, and im mediately after, namely, on the 2nd of November, 1849, they applied through their own solicitor to James Graves to, purchase. Of course we must suppose that was done Without any idea that in point of fact Mr. Smith was the person at that time Who could have transferred to them the legal estate.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
