Bandy v Cartwright and Another
| Jurisdiction | England & Wales |
| Judgment Date | 08 June 1853 |
| Date | 08 June 1853 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 1624
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 22 L J Ex 285, 1 W R 418 Followed, Hall v City of London Brewery Company, 1862, 2 B & S 737, Budd-Scott v Daniel, (1902) 2 K B 351 Applied, Robinson v Kilvert, 1889, 41 Ch D 96 Aldin v Latimen Clark, (1894) 2 Ch 437 Commented on, Baynes v Lloyd, (1895) 2 Q B 820
[913] bandv v cartweuuht and anothpr June 8, L853 - A covenant for quiet enjoyment dining the term is implied by law horn a demise by paiol , but not a covenant for a good title [S C -22 L J Ex 285, 1 W U 418 Followed, Hall v Git// of Loudou Biewmy Company, 1862, '2 B As R 737, BucUl-tiailt v Daniel, [1902] 2KB 351 Applied, Robinson v Kilueit, 1889, 41 Ch D 96 Aid-in v L ihme Claik, [1894] 2 Ch 437 Commented on, liayntK v Lloyd, [1895] 2 Q B 820] The declaration stated, that the plaintiff, at the time of the making of the hereinafter mentioned, was in the occupation, and tenant to the defendants, of a certain messuage and premises, by vutue of a demise before then made by the defendants to the plaintiff of the said messuage and piemises, at a certain rent theiefoie payable by the plaintiff to the defendants, and which demise was on cot tain teims, and amongst others on the teims, that the defendants had good title to demise the said premises to the plaintiff, and that the plaintiff should and might quietly enter and enjoy the same during the said term, free from any rents, rents-heck, or annuities charged thereon 01 issuing thereout The declaration then stated, that afterwards, and during the continuance of the tenancy under the demise, one T Squires distrained, at) he lawfully might, the goods and chattels of the plaintiff then being in arid upon the sard messuage and premises, to satisfy the sum of 121 12s , being six years' arrears of an annuity and rent seek then due and in arrear to Squues, and granted and chaiged upon and issuing out of the said messuage and premises under and by \irtue of a certain deed theretofore miide, and before the said demise to the plaintiff, and before the defendants had anything in the said premises, and executed by one Joseph Squires, then being seised in fee of the said messuage and premises, of all which the defendants at the time of the said distress had notrce And further, that the plaintiff, in order to prevent the sale of his said goods and chattels under the said distress, and to retain the peaceable and quiet enjoyment of the said messuage and premrses, was forced and obliged to arid did afteiwaids pay to the said T Squues the said sum of 131 L2s , and a further sum of 13s, the costs of the said distiess, making together the sum of 131 ns And that, [914] by reason of the said annuity and distress, the plaintiff had not had quiet enjoyment of the sard messuage and piemises, nor had he hjld the same free from mcumbrances, as he...
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