Chipman

Murray, C. J., concurred.

The appellants centend that the lease is void, for three reasons:

As to the first point, the Court below found as a fact, that Peralta, *51 She first grantor, had consented to the assignment oi the lease to Emeric. "This, if it was even necessary, is sufficient to abrogate the covenant against assignment. It is questionable whether, in any case, Such a covenant would be enforced so as to produce a forfeiture. It is in restraint of alienation, and therefore against the policy of the law.

Second. The covenant to build a wharf stipulates for no particular time, and as it was to be built exclusively for the benefit of the lessees during the continuance of their term, the lessor, before the expiration of the term, can have no legitimate cause of complaint.

Third. The covenant to let the lessor have what land he and his brothers might want for cultivation, is a mere personal privilege. It Was doubtless made upon some opinion which the lessees formed as to the quantity they might require, and cannot be construed to extend to any quantity which might be demanded by any successor to the lessor’s rights, whose means of employing capital and labor in agriculture…