JUDGMENT Yorke, J. - Where a seed of perpetual lease is executed and its preamble shows that what the vendor had wanted to do was to effect an out and out sale in order to get a sum of money, no right of re-entry is reserved to the vendor, the rent reserved is quite nominal and entirely out of proportion to the amount of cash payment, the rights conferred are heritable, the lessee is given full right to deal with the property, the lessee is to pay under-proprietary rent direct to the superior proprietor, and from the terms of the deed it is apparent that the lessee is to take the place of the lesser under-proprietor entirely, then the document is not really a perpetual lease but an out and out sale in favour of the lessee and it gives rise to right of pre-emption.