Rachel v. Pearsall

The question in this case is simply whether a written lease of immoveable property shall prevail over a verbal one of anterior date, accompanied with possession.

Paul Pearsall the defendant, occupies a tract of land belonging to J. B. Rachel, leased to him by verbal contract. While he was in possession under this lease, J. B. Rachel entered into a contract of lease, in writing, with Hilaire Rachel for the same land. On Pearsall’s refusal to surrender the land to this new lessee, the present action was brought.

*703West'n District. September, 1820.

The plaintiff contends that leases of landed…