This section contains the nature of the case and procedural background.

Mr. and Mrs. Swartzbaugh owned land as joint tenants with right of survivorship. The 60-acre land was used to grow walnuts. Sampson (D) wanted to lease a part of the land for a boxing pavilion. Mrs. Swartzbaugh (P) objected. Mr. Swartzbaugh executed two leases on the property to D, neither of which P signed. D was advised that P refused to sign. D then removed the walnut trees from the leased premises and then erected a pavilion and placed other improvements on the property and used the property for a boxing pavilion. P sued to cancel the lease. D was in possession of all of the property under the two leases signed by P’s husband. At trial, P testified that she had gotten no part of the monthly rental ($15 per month, which she regarded as too little considering the improvements were in excess of $10,000). She claimed that the lease was null and void because as a joint tenant she did not participate in the transaction. P lost. P appealed.

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