Noah Haynes Swayne

“ This leaves the rights of the parties to be determined by the common law. In that case this court said: 'It is a settled rule at the common law, that where a right of re-entry is claimed on the ground of forfeiture for the non-payment of rent, there must be proof of a demand of the precise sum due, at a convenient time before sunset upon the day when the rent is due, upon the land, at the most notorious place of it, though there be no person on the land to pay.' The legal propositions thus stated, are fully sustained by the authorities. ”

“ The re-entry of the appellant cannot avail him. If there had been a personal representative of Jane Mallion after her death, the title to the leasehold term being personalty, would have passed to and vested in him. There being no such representative, it fell into abeyance, and has since so continued. The covenant to convey, passed by descent to the heir-at-law as if it had been contained in a separate instrument. If there had been a personal representative with sufficient assets, the heir could have called upon him to pay the purchase-money. ”