Pierce

By the Court,

Thompson leased certain premises to Fraener—the latter sub-let a portion thereof to Minturn— and, at the time of bringing suit, Nelson was in the actual possession of such portion of the premises as had been sub-let to Minturn, he having been put in possession thereof by Minturn. Thompson sold his interest in the lease to the plaintiff. The rent which Fraener agreed to pay was six thousand dollars a year, at the end of each year, and there was a covenant contained in his lease, that the lessor should have the right without -previous notice- or demand to enter upon the premises and expel *471 and eject the le-^ee therefrom, if the rent should remain unpaid for the space of lift eon days after it had become due. The lease bore date the 24th day of August 1849, and the first year's rent became doe on the 24th day of August 1850, but was not paid. On the 9th day of September 1850, notice in writing was given that the plaintiff should treat the lease as forfeited for the non-payment of rent, and that he demanded the possession of the premises to be given up to him. The action is brought to recover possession of the premises, and the rents and profits thereof from the…