Aldbrough Henniker v Turner
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1825 |
| Date | 01 January 1825 |
| Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 1018
IN THE COURT OF KING'S BENCH.
1018 HENNIKER V. TURNER 4 B. & C. 157. [157] aldborotjgh hennikee against turner. 1825. Where one of five tenants in common brought covenant on a lease for rent payable on the four most usual days of payment in the year, and the breach was, that on the 24th day of June 1824, a large sum of money, to wit, the sum of 211. 15s., one-fifth part of the rent for three quarters of a year of the term then elapsed, became due from the defendant to the plaintiff, and still was in arrear; Held, good upon special demurrer. Covenant. Declaration stated that before the making of the indenture thereinafter mentioned, Lord Henniker was seised in his demesne as of fee of and in the tenements thereinafter mentioned to have been demised, and being so seised, afterwards, to wit, on the 29th of September 1814, by indenture demised the said tenements thereinafter mentioned, habendum for fourteen years from the date thereof, at the rent of 1451. per annum, payable by the defendant on the four most usual feasts or days of payment in the year; the first payment to be made on the Feast of the Birth of our Lord Christ then next ensuing. Covenant by the defendant to pay rent at the days and times thereinbefore mentioned. Averment, that defendant entered. The declaration then shewed that the plaintiff, on the 12th of November 1819, became seised in his demesne as of fee, of the reversion of one undivided fifth part or share of and in the said demised premises, with the appurtenances, as one of five tenants in common, and alleged, as a breach, that after the making of the indenture, and after the plaintiff became so seised as aforesaid, and during the term, to wit, on the Feast Day of the Nativity of Saint John the Baptist, in the year of our Lord 1824, that is to say, on the 24th day of June 1824, at, &c., a large sum of money, to wit, the sum of 211. 15s., one fifth part of the said rent of 1451. for three quarters of a year of the said term then elapsed, became due from the defendant to the plaintiff, according to the form and effect of the said indenture, and of the covenant so made as aforesaid, and [158] by reason of the premises, and still is in arrear and unpaid, contrary to the said covenant of the defendant. Demurrer, assigning for causes first, that the plaintiff had alleged in the breach that a certain specific sum of money, viz., 211. 15s., was due to him for his...
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