Pechenik v. Baltimore and Ohio Railroad Company

Neely, Justice:

This is an appeal from the Circuit Court of Randolph County in which the appellants, Stephen Pechenik, et al., seek to eject the appellees, Baltimore and Ohio Railroad Company and Allegheny Lumber Company, from certain property in the City of Elkins owned by the appellants and occupied by the appellees under a claimed perpetual leasehold.

The real estate in question was leased in 1911 by appellants’ predecessors in title to appellees’ predecessor in title under an agreement which provided for an original twenty-year term at an annual rent of $1,000 and gave the lessee or its…