
    
      B. E. Jones and wife and others vs. Benjamin Jones. The Same vs. Lewis Moles.
    
    A person, who enters and holds land under a contract to buy it, is to be regarded at law as at least a tenant at will.
    A tenant at will is not a wrongdoer, and until his tenancy has been determined, trespass to try titles will not lie against him.
    
      Before Butler, J. at Barnwell, March, Extra Term, 1846.
    These were actions of trespass to try titles. The jury found for the plaintiffs, and the defendants appealed, and now moved for new trials.
    
      Bellinger, for the motions.
    
      Patterson, contra.
   Curia, per Wardlaw, J.

It appears that the defend ants entered and held under an agreement to buy from the ancestor of the plaintiffs, upon which they have made partial payments. No demand of possession by the plaintiffs has been shewn. The defendants were at least tenants at will. A tenant at will is not a wrongdoer, and neither trespass nor ejectment will lie against him, unless his tenancy be determined before the commencement of the suit. (4 T. R. 680 ; 1 B. & C. 126.)

New trials are ordered.

Richardson, O’Neall, Evans and Frost, JJ. concurred.  