Barker v Damer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1741 |
| Date | 01 January 1741 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 710
IN THE COURT OF KING'S BENCH
barker versus damer. Hill. 1 & 2 W. & M. B. R. Rot. 635. 3 Mod. 336, S. C. Salk. 80, S. C. 1 Show. 191, S. C. Action of debt for rent against an assignee of a term is local, and so is an action of covenant against such an assignee, because 'tis founded on the privity of estate. 2 Danv. 241, pi. 1. Covenant, &c. upon an indenture of lease of lands in Ireland, which was now brought by the grantee of the reversion against the assignee of the lessee upon an express covenant for payment of rent reserved to be paid at London, and the breach assigned was for non-payment of rent. The defendant pleaded to the jurisdiction, (viz.) that the lands demised, and out of which the rent is reserved, lay in the kingdom of Ireland, &c. and upon a demurrer to this plea, It was argued for the plaintiff, that there was an express covenant to pay the money in London, upon which covenant this action is grounded ; therefore since the payment is to be made here, that alone without any thing more will be sufficient to draw the whole to the jurisdiction of the King's Court here ; like the common case * Dyer 343, 373. 4 Inst. 72. Yelv. 118. F. N. B. 19, D. 2 Saund. 224, 234, 236. CABTHEW, 183. TERM, S. HILL. 2 AND 3 W. AND M. B. R. 711 where part ia done upon the land, and part upon the sea, that which is done on the land, it sufficient to draw the whole jurisdiction from the Admiralty, to the Courts of Common Law. Besides, it appearing by the bill, that the defendant is in custodia mareschalli, that will be enough to give jurisdiction to this Court, and if this Court hath not jurisdiction, there will be a failure of justice, because the person remains here in England, when his lands are in Ireland; so that the plaintiff cannot have his action in Ireland, for want of the person, nor here for want of the lands; which will be very inconvenient. If it should be doubted, whether an action of covenant will lie against the assignee of a lessee (after the term is determined) upon an express covenant, the cases in the * margin [footnote] prove that it will...
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