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 let 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 Bryant's were in possession, 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 '8 death. The decree against them proceeds upon the double ground that at the time of the filing of the plaintifi' '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 plaintifi' '3 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 plaintifi', 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.
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