An instrument by which lands were leased for sixteen years at an annual rental, subject to renewal for a further term of twelve years, provided for the construction of certain buildings and improvements by the lessee upon the leased premises, and hypothecated these contemplated ameliorations to secure payment of rent and performance of the obligations of the lessee. The leased premises were transferred by the lessee by deed of sale, and on disturbance an action, with both petitory and possessory conclusions, was brought by the transferee against an alleged trespasser, who pleaded title and possession in himself without taking objection to its cumulative form.
Held, affirming the judgment appealed from, that under the circum. stances the action should be treated as petitory only ; that the contract under the instrument described was neither emphyteusis nor a bail 4 rente (lease in perpetuity), but merely an ordinary contract of lease which did not convey a title to the land nor real rights sufficient to confer upon the transferee the right of instituting a petitory action in his own name.
Held, also, that the transfer by the deed of sale of such leased premises would not support the petitory action, as the lessee could not convey proprietary rights which he did not himself possess. APPEAL from the judgment of the Superior Court, sitting in review, at the City of Quebec, affirming the *PRESENT :-Sir Henry Strong, C.J., and Taschereau, Sedgewick, King and Girouard JJ.