Barker v Damer

JurisdictionEngland & Wales
Judgment Date01 January 1793
Date01 January 1793
CourtHigh Court

English Reports Citation: 87 E.R. 223

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.

Barker against Damer

case 205. barker against damer. Hilary Term, 1 Will, and Mary, Roll 635 or 505. If a person seised in fee of lands in Ireland make a lease for years of the same in London, and the lessee covenants to pay the rent to the lessor, his heirs and assigns, in London, the assignee of the reversion cannot maintain covenant in London for non-payment of rent, against the assignee of the lessee of this lease; for although it is an express covenant, yet the privity of contract being destroyed by the assignment, the party is only chargeable by reason of his possession, and their covenant on the privity of estate must be where the land lies.-S. C. Salk. 80. S. C. 1 Show. 191. S. C. Garth. 182. 6 Co. 46. Cro. Car. 183. Latch, 197. W. Jones, 43. Hob. 37. Cro.Jac. 142. 3 Lev. 233. 1 Saund. 238. 7 Co. 2. Dyer, 194. 2 Lev. 80. Cro. Eliz. 636. 1 Salk. 80. 8 Mod. 73, 322. 11 Mod. 169. 12 Mod. 23, 399, 408, 515. 1 Stra. 446, 614, 646. 2 Stra. 776, 847. Ld. Ray. 1059, 1455, 1504. 1 Bac. Abr. (a) 9 Co. 95. (b) 3 Cro. 895. 9 Co. 95. Keilw. 194. 224 HILARY TERM, 2 WILLIAiM AND MARY. IN B. R. 3 MOD. 337. 34. 1 Wils. 165. Dougl. 187, 765. 3 Term Rep. 395. 2 Term Rep. 238. 4 Term Rep. 504. An action of covenant was brought by Sir William Barker (who was defendant in a former action) against Mr. Darner, wherein he declared that William Barker his father was seised in fee of the land in question (being in Ireland), and made a lease thereof to one Page, for thirty-one years, under the yearly rent of two hundred pounds ; in which lease Page did covenant for himself, his...

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