Berris against Bowyer

JurisdictionEngland & Wales
Judgment Date01 January 1794
Date01 January 1794
CourtCourt of the King's Bench

English Reports Citation: 89 E.R. 857

IN THE KING'S BENCH.

Berris against Bowyer

case 140. berris against bowter. A lease made by an assignee of commissioners of bankrupts of the bankrupt's land, before the deed of assignment is enrolled, is void.-2 Jo. 396. S. C. 1 Vent. 360. S. C. 2 Jones, 196. S. C. Skin. 30. Trespass. Commissioners of bankrupts assign lands to C. by deed indented ; the assignee makes a lease of part of the lands before inrolment; and then the deed is inrolled. The question was, if the lease be good 1 Argued, that the deed of assignment is good without inrolment, and that in pleading they need only shew the assignment, and not the inrolment; and this case was compared to that of attarnment, and that the inrolment should have relation, and there were cited the case of Bankrupts (a), Dimack's case (b), Hall v. Dewe (c), and Bellingham v. Alsop (d). Mr. North ^ contra. The cases of relations in the King's grants are not the same with this. Here is not any time limited by the statute () when the inrolment shall be made; and if the estate should pass by the deed, the inrolment may be forty years after; as to the case of Bankrupts in 2 Co. 26, that is of goods which are transitory, this is of lands in fee. The words of the Act are, "Lands, tenements, and freehold shall be sold by deed inrolled," and by any other construction this word "inrolled," apprentice for seven years, though not in England or Wales, even beyond the seas, is sufficient to exempt the trader from the restraints of this statute, Rex v. Fox, 1 Salk. 67, but it seems that it must be to a trade used in England or Wales on the 12th January 1562, the day on which this Act passed, Bex v. Lister, Stra. 788. Bex v. Munro, 1 Bar. H. B. 277. See also 1 Roll. Rep. 10. 1 Vent. 326. 1 Burn. Iiist. 89. 1 Bl. Com. 427, and Const'a edition of Bott's Poor Laws, 1 vol. 525. Co. 537. (a) See the statute 23 Hen. 8, c. 9. (a) 2 Co. 26. (b) Hob. 136. (c) Latch, 157. (d) Cro Jac. 52. (e) The inrolment of the deed of assignment is directed by the statutes 13 Eliz. c. 7. 7 Jac. 1, c. 15, and 21 Jac. 1, c. 19 ; and by sect. 12 of this last statute it is enacted, "that the commissioners, or the greater number of them, shall have power, by deed indented, and inrolled, loithin six months after the making thereof, to sell and convey, &c." 858 EASTER TERM, 33 CAR. 2. IN B. R. 2 SHOW. K. B. 187. would be void; besides, this is a power and authority given to the commissioners, and such ought to be...

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