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JOHN SEALY, in error v. EDWARD KUTTNER, in error
WARNER, J.
The Court below erred not in charging the jury as requested by plaintiff’s counsel, but in charging to the contrary thereof, as set forth in the record. When the relation of landlord' and tenant exists between the parties, the tenant has only a usufruct in the land, which he cannot convey, except by the landlord’s consent: Code, section 2253.
Eet the judgment of the Court below be reversed.