Banks v Arnold
| Jurisdiction | England & Wales |
| Judgment Date | 28 January 1859 |
| Date | 28 January 1859 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 905
HIGH COURT OF CHANCERY
S. C. 28 L. J. Ch. 352; 5 Jur. (N. S.) 361; 7 W. R. 245.
Landlord and Tenant. Parol Leases from Year to Year. Rent. Apportionment. 11 Geo. 2, c. 19, s. 15. 4 & 5 Will. 4, c. 22.
[651] cattley v. arnold. banks v. arnold. Jan. 15, 28, 1859. [S. C. 28 L. J. Ch. 352 ; 5 Jur. (N. S.) 361 ; 7 W. E. 245.] Landlord and Tenant. Parol Leases from Tear to Year. Bent. Apportionment. 11 Geo. 2, c. 19, s. 15. 4 & 5 Will. 4, c. 22. The estate of a devisee for life is not entitled, as against him in remainder, to apportionment of rents upon parol leases from year to year, created by'his testator, and not since determined by himself by any act inter vims. A tenant from year to year has a lease for a year certain, with a growing interest, during every year thereafter, springing out of the original contract and parcel of it. Therefore, where such a tenancy has been created by an owner in fee of lands, who devises them to one for life, with remainders over, the interest of the tenant from year to year, unless terminated by the devisee for life by some act inter vivos, does not "determine upon the decease of the tenant for life ; " and, consequently, the rent then accruing due is not apportionable under the 15th section of the Apportionment Act, 11 Geo. 2, c. 19. Nor, unless reserved by an instrument in writing, is such rent apportionable under the subsequent Act, 4 & 5 Will. 4, c. 22. George Henry Arnold, by his will, dated 1839, devised a mansion-house and lands in Warwickshire, of which he was seised in fee-simple, to his wife, Susannah Arnold, for life, provided she should so long continue his widow, sans waste ; with remainder to his natural son, Henry Arnold, for life, sans waste ; with remainder to his first and other sons successively in tail; with remainders over. The will contained no power of granting leases. The testator died on the 27th of October 1844; whereupon his widow, Susannah Arnold, entered into and continued in possession and receipt of the rents and profits of the devised premises until her death on the 26th of April 1851, when Henry Arnold entered into possession as next tenant for life under the will. Henry Arnold mortgaged his life interest to the Plaintiffs in the above-mentioned suit of Cattley v. Arnold; and they instituted that suit in order to have the rents and profits of his life-estate applied in discharge of their incumbrances. Henry Arnold died on the 28th of September 1858, leaving the Petitioner, Lumley Arnold, then an infant, his only son. [652] By an order made in these suits on the 4th of December 1858 it was ordered that a receiver who had been appointed in the first-mentioned suit should be continued until he should receive the half-year's rents which became due on the 29th of September 1858, with liberty for the Petitioner, Lumley Arnold, to apply with reference to such rents. A question having been raised whether the Plaintiffs in Oattley v. Arnold were not entitled to have these rents or some of them apportioned, Lumley Arnold, by his guardian, now presented a petition, stating the nature of the tenancies upon which the above-mentioned rents became due, and praying that proper directions might be given with regard to their application. It appeared by the evidence that the tenancies above mentioned were of four classes :- V.-C. xv.-29* 906 CATTLBY V. ARNOLD 1J. &H. 653. 1. Tenancies from year to year created by the testator, George Henry Arnold, by instruments in writing subsequent in date to the 16th of June 1834, the day when Poulter's Act (4 & 5 Will. 4, c. 22) came into operation. 2. Parol tenancies from year to year created by the same testator, and not since determined by either tenant for life by any act inter vivos. 3. Parol tenancies from year to year created by the testator's widow, Susannah Arnold, while tenant for life in possession. 4. Like parol tenancies from year to year created by Henry Arnold in like manner. With regard to tenancies of the first class, it was admitted [653] on behalf of the Petitioner that the half-year's rent, payable on the 29th of September 1858, the day after the decease of Henry Arnold, was apportionable under the Act 4 & 5 Will. 4, c. 22, that rent...
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