Benson against Hodson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 86 E.R. 768
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
[108] case 4. benson against hodson. Hilary Term, 25 & 26 Car. 2, Roll 696. A. covenants to levy a fine to the use of himself and the heirs male of his body ; remainder in tail to several others; remainder to his own right heirs; provided, that if there be a failure of issue male of his body, and B. his daughter be married or of age, then she shall have 2001. a-year for ten years. A. dies leaving issue male, who enters, makes a lease for one thousand years, levies a fine and sutlers a recovery, and dies without issue; his sister B. being married and of age.-The annuity to B. is barred by this recovery; for the remainder is barred out of which it issued, and it cannot be charged on the lease; for that was derived out of an estate tail preceding the commencement of the rent.-S. C. Ray. 236. S. C. 2 Lev. 28. S. C. 3 Keb. 274, 287, 292. S. C. 1 Freem. 362. S. C. 4 Bac. Abr. 330. 1 Sid. 102. Cro. Eliz. 769. Gilb. Eq. Rep. 16. 9 Mod. 178. 11 Mod. 181, 196, 210, 214. 12 Mod. 32, 513. Prec. Chan. 435. 1 Peer. Wms. 104, 509, 520, 536. 3 Peer. Wms. 171, 230, 235. Salk. 570. 1 Bl. Rep. 227, 611. Ambler, 382. Pigot on Recov. 21, 138. Cruise on Recov. 232. 2 Bac. Abr. 549, 552. Sanders on Uses and Trusts, 193. A writ of error of a judgment in the County Palatine of Lancaster in replevin : the defendant makes conusance as bailiff to Anne Mosely. The lands were the lands of Rowland Mosely, and he covenanted to levy a fine of them to the use of himself, and the heirs males of his body, the remainder in tail to several others, the remainder to his own right heirs; provided, that if there shall be 1MOD.109. EASTER TERM, 26 CAR. 2. IN B. R. 769 a failure of issue male of his body, and Dame Elizabeth be dead, and Anne Mosely be married or of the age of twenty-one years, then she shall have two hundred pounds per annum for ten years : then Rowland Mosely dies leaving issue Sir Edward Mosely: Sir Edward makes a lease for one thousand years, then levies a fine and suffers a recovery, then dies without issue male : and the contingents did all happen. The question is, whether this rent-charge of two hundred pounds a-year be barred by the fine and recovery, and shall not operate upon the lease 1 Levinz. I conceive the fine ia not well pleaded; for nothing is said of the Kiny's silver, and if that be not paid it is void (a): then they have pleaded a common recovery, but not the execution of it by entry (a). Now I conceive the common recovery doth destroy the estate-tail but not the rent. The reason why a common recovery is a bar, is because of the intended recompence. Now that...
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Benson v Hodson
...PLEAS AND EXCHEQUER. Benson and Hodson benson versus hodson. Pasch. 26 Car. 2. Intr. Hill. 25 & 26 Car. 2, Rot. 696. Remainder. 1 Lev. 28. 1 Mod. 108. 3 Keb. 274, 287, 292. A. tenant for life, the remainder to the use of B. in tail, remainder to C. in tail, remainder to the heirs of the def......
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Eales v Conn
...power, the execution of which would charge the estate tail, is barred by a recovery which cuts oft' the estate tail, Benson v. Hodson (1 Mod. 108). Mr. Knight and Mr. Jacob, appeared in support of the bill. But the vice-chancellor [Sir L. Shadwell], without hearing them, said-This plea is n......
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Benson v Hudson
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