Barker and Fletwel's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1653 |
| Date | 01 January 1653 |
| Court | Court of the King's Bench |
English Reports Citation: 78 E.R. 43
IN THE KING'S BENCH.
godbolt. 70. barker and fletwei/s case 43 mich. 28, 29 eliz. in the king's bench. 84. barker and fletwel's case. Barker of Ipswich brought an action of covenant against the assignee of his lessee for years, one Fletwell. And set forth, that whereas he had made a lease for years reserving rent, with re-entry for non-payment of the rent; and that the lessee did covenant to build a house upon the land within the first ten years; and that he assigned over his terme: and he brought the action against the assignee, who pleaded, that the lessor did enter, and had the possession for part of the ninth year; and if thereby the covenant were discharged, was the demurrer in law. Godfrey, who argued for the lessor, said, that by this entrie of the lessor, the covenant was not suspended. As 20 E. 4. 12. Br. Extinguishment 34. The Abbot of D. did grant to W. S. a corrodie; viz. so much bread, &c. for the term of his life, faciend' talia servitia prout J. N. & alii iisi aunt facere ; the grantee leased back again the corrodie unto the abbot for 10. years, rendring 3 L rent per annum, and he brought debt for the rent; and the abbot said, that he did not the services ; and the grantee said, that he was not bound to do them, for that by the lease the corrodie was suspended: and it was holden, that it was not suspended. Godfrey held the reason to be, because that the service is a collaterall thing: and therefore he said, he ought to do it, notwithstanding that the abbot had the corrodie : so in 8 H. 7. 7. Br. Conditions 134. Where tenant in taile makes a feoffmeut in fee, and takes back an estate in fee, and afterwards was bounden in a statute merchant, and then made a feoffment in fee upon condition, and died, his issue within age, who enters for the condition broken; he was remitted notwithstanding that execution upon the statute was sued against the father in his life. So if lease be made of a manor, except herriots, fines, and amercements; and that the lessee shall collect them during the term, [70] although that the lessor entreth, yet the lessee ought to collect them during the term. Also he pleades here, that Barker did enter, and that generall pleading is doubtfull; and the plea shall be taken strictly against him that pleadeth it; and it may be that he entred by wrong ; and so it may be that he entred by right, viz. for not payment of the rent, as in truth his entry was...
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