ART. 64]

MERGER.

1473

ARTICLE LXIV,

MERGER.

1. Remedy upon covenants in case of merger.

2. No merger by mortgage to lessor.

1904, art. 64, sec. 1. 1888, art. 64, sec. 1. 1860, art. 62, sec. 1. 1849, ch. 260.

1. Where the reversion of any land expectant on 'a lease shall be
merged in any other estate, the person entitled to the estate into which
such reversion shall have merged shall have the same remedy against
the lessee, his representative or assigns for non-payment of rent or
other forfeiture, or for not performing conditions, covenants or agree-
ments, as the person entitled to the reversion would have had if such
reversion had not merged.

Ibid. sec. 2. 1888, art. 64, sec. 2. 1860, art 62, sec. 2. 1852, ch. 255.

2. There shall be no merger by reason of any conveyance by way
of mortgage or assignment of mortgage from the lessee of any ground
demised for a term of years, his executors, administrators or assigns
to the lessor of such ground or premises, (whether by original or sub-
lease,) his heirs, executors, administrators or assigns, and the same
rights and remedies shall exist as if the grantee in such conveyance
had no other interest or estate in the property than the one thereby
conveyed.