Bacon v Waller
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1688 |
| Date | 01 January 1688 |
| Court | Court of the King's Bench |
English Reports Citation: 81 E.R. 171
COURT OF KINGS BENCH
bacon Plaintiff, against waller Defendant. Entred Termin. Mich. 13 Jac. B. R. Eott. 62. A replevin & avowry. 1 Rol. R. 387. 2 Ro. Abr. 497, 498. 520. In a replevin, William Waller the avowant confesseth the lease made to one Winchcomb, who makea another lease to John Waller from the 25 day of May, who assigns this lease unto William Waller the avowant, being also seised of the free-hold for the whole term (but one day) and avows by reason of this lease now, as a lease made 25 Maij, habeudum a datu, for 31 years, (and from the day of the date) upon this avowry the other demurs in law, and for cause sheweth that here is a departure from the lease first alledged, and by which the avowaut claims; and if no departure, yet here is a surrender of that lease being made to him who had the free-hold. The first question moved when this lease should begin, (s) being made the 25 of May, habendum a datu, whether it shall begin the said 25 day of May, or not; to this purpose Claytons case, Coke 5 pars, fol. 1. remembred, and 11 Eliz. Dyer, fol. 286. A case between Powel and Nanney was likewise urged, which was terrain. Trin. 4 Jac. in Scaccario, where a lease was made in like manner, as in this principal case, and the difference there taken, where the day is parcel of the computation of time, and where it is parcel in point of interest. 5 Eliz. Dyer fol. 218. The case of an inrollment where the day shall be exclusive, and where not. And a ease which waa terrain. Mich. 8 Jac. B. R. entred termjn. Trin. 8 Jac. B. R. Rot. 150. Lluellen & Morgans case, a Monmouthshire case, where a lease was made, 1 Maij, habendum a datu prsesentium, and declared upon a lease made a die datus, the jury found the lease to be a datu praasentium : the question was, whether this had maintained his declaration: It was adjudged that this finding of the jury was pursuant to his declaration, that the declaration was good, and Lluellen accordingly recovered; and in this case by the judgment of the Court, a lease...
To continue reading
Request your trial
-
Hatter against Ashe
...include the day of the execution of the indenture. Co. Lit. 46 b. 2 Salk. 625, 627. 1 Salk. 44. 6 Mod. 215. Aleyn 77. 2 Bulst. 83, 305. 3 Bulstr. 203. 1 Wilson 176. 2 Wilson 166. Powel Essay on Powers, 505. 1 Ld. Ray. 280. 2 Ld. Ray. 1242. Cowper 714. In this hist case, A. under a power res......