Between Philip Davies, Plaintiff; and Thomas Thomas and Elizabeth his Wife, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1830 |
| Date | 05 May 1830 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 166
WESTMINSTER HALL.
[416] Between philip davieh, Plaintiff; and thomas thomas and elizabeth his Wife, Defendants. Westminster Hall. May 5, 1830. Condition. The Plaintiff made a mortgage to the first husband of the female Defendant, who after that husband's death lent the Plaintiff the sum of 200 ; subsequently she bought the estate for an additional 400. Soon afterwards she granted a lease to the Plaintiff, and signed an agreement indorsed on the lease, that the Plaintiff might repurchase within five years, paying the rent as it became due. The rent was not regularly paid, in some instances not until distresses were levied. Held, that this was not a case of forfeiture, but of particular indulgence; from all the evidence the Court was of opinion that the transactions were not contemporaneous, and the Court held that, the terms not having been fulfilled, the bill must be dismissed, and with costs. Plaintiff being seised in fee of the lands in question, called Retorno, by indentures of lease and release, dated the 3d and 4th February 1818, conveyed the same unto Henry Twyning, his heirs and assigns, by way of mortgage, to secure 1200 and interest. [417] The mortgagee subsequently by his will gave his estate and interest in the mortgaged hereditaments, and the money due on the mortgage, unto Elizabeth Twyning, his wife, and appointed her his executrix. Afterwards, in 1820, the Plaintiff became further indebted to Mrs. Twyning in the sum of 200, and executed to her a warrant of attorney to confess judgment. By indentures of lease and release of the 28th and 29th September 1820 the Plaintiff conveyed the property to Mrs. Twyning. The consideration expressed was 1800, which included the two sums previously due. By an indenture of demise, dated the 1st clay of January 1821, Mrs. Twyning demised the land to the Plaintiff for a term of ninety-nine years, determinable on the deaths of Plaintiff and his wife and son, and the survivor of them, at the yearly rent of 105, payable half-yearly; and on such lease an agreement was indorsed, that in case the Plaintiff should pay the half-year's rent due the 25th March on or before the 4th day of June then next following, and the half-year's rent due on the 29th day of September on or before the 26th day of October then next following in every year, for the term of five years from the date thereof, if...
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Davis v Thomas
...English Reports Citation: 39 E.R. 195 HIGH COURT OF CHANCERY Davis and Thomas S. C. Tamlyn, 416; 9 L. J. Ch. (O. S.), 232. See Bastin v. Bidwell, 1881, 18 Ch. D., 247. [506] davis v. thomas. Roll*. May 5, 1830 ; L. C., July 7, 14, 25, 1831. '?'" ' TS. C. Tamlyn, 416 ; 9 L. J. Ch. (0. S.), 2......