Hoyt v. Evans

On Rehearing. .

Per Curiam.-

— -A declaration in ejectment alléges'possession by the defendant and a plea of not guilty admits possession. The holder of the legal title to land may enforce the contract obligations of one in possession under a contract to purchase or upon default may terminate the contract rights by due course of law.

But where the owner of real estate, under a verbal contract for the sale of it and upon the payment of a párt of the purchase price, puts one party in possession and afterwards executes a deed of conveyance to another, while the party is in possession under the contract of sale, such subsequent grantee is not entitled to a judgment in ejectment for the possession of the land at least until the contract rights of the party in possession have been duly terminated.

Rehearing denied.

Wi-iitfield, P. J., and Terrell and Buford, J. J., concur ; Brown, C. J., and Ellis and Strum, J. J., concur in the opinion.