MAY ASSIZES, 1798.

Landlord cannot support an ejectment against his lessee, without a forfeiture of the lease.

Ejectment for a messuage and 307 acres of land in Tyrone township.

The court observed, that this species of action is in its nature merely possessory, and an ejectment cannot be supported by a landlord against his own lessee, during the term demised, without a forfeiture thereof. If the defendants have infringed the convenants in the lease, or have been guilty of waste, they are punishable in other actions ; but it does not appear at present that they have incurred a forfeiture of. their interest. The lease to the nominal plaintiff is not within the words or intention of the lease ; but it would be otherwise, if a new bona fide lease or sale for valuable consideration, had been made by the landlords,, and notice has been given thereof previous to the commencement of the suit.

The plaintiff suffered a nonsuit, with leave to move for a new trial, for misdirection, if .the counsel should think proper.