Arrand v. Graham

I concur in reversal on the ground that the lease for five years was valid, and upon the death of the lessee during the leasehold period the rights thereunder vested in his estate. His widow has continued in possession and no one having an interest in his estate has challenged her right to do so. Plaintiffs took conveyance of the property with full knowledge of the outstanding lease; and at the time they instituted summary proceedings they were not entitled to possession. That right was then vested in the estate of the original lessee. In summary proceedings, as in ejectment, a plaintiff must…