Buffar v Bradford
| Jurisdiction | England & Wales |
| Judgment Date | 27 November 1741 |
| Date | 27 November 1741 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 537
HIGH COURT OF CHANCERY
Explained, Byng v, Byng, 1862, 31 L. J. Ch. 473; 10 W. R. 633; 10 H. L. C. 178. See Grieve v. Grieve, 1867, L. R. 4 Eq. 183.
START ' Case 176.-philpot versus hoare and bobinson, November 26,1741 '' [See Hopkinson v. Lowering, 1883, 11 Q. B. D. 97.] S. C. Amb. 480.-A lessee for 11 years at 140 rent, who had covenanted for himself, i his executors and administrators, but not assigns, that he would not, without the ^ lessor's consent, assign over the lease, becomes a bankrupt; the defendant Hoare, the assignee under the commission enters the farm, sells off the crop and stock, pays the Michaelmas rent 1739, and the day before the next rent-day assigns over I the lease to Robinson. The bill is brought to oblige Mrs. Hoare to keep the lease i during the term. It appearing in proof that Robinson never ploughed or sowed the land, never resided on the farm, but occupied it rather as an agent. Lord Hard-\ wicke held it to be a fraudulent transaction between Mrs. Hoare and Robinson, and [ decreed her to answer the rent to the time, and the assignment to be set aside. A. lease was made by the plaintiff for eleven years, at a rack rent of 140 in 1738, lessee covenanted for himself, his executors and administrators, that he, his executors and administrators, but does not mention assigns, will not, without the express consent of the lessor, assign over the lease, and afterwards becomes a bankrupt; the defendant was chosen assignee under the commission, and enters on this farm, being particularly 536 PHILPOT V. HO ARE 2 ATK. 220. assigned to her as part of the bankrupt's estate, sells off the crop and the stock, and pays the Michaelmas rent 1739, and the day before the next rent-day, vie. on the 24th of March 1740, having received but a little profit from the term for this half year, assigns over the lease to the defendant, Robinson, subject to the rents and covenants in the lease. The bill is brought to prevent the assignee of bankrupt from assigning the lease, and to oblige her to keep it during the term. Lord Chancellor. I am clearly of opinion the defendant shall answer for the half-year's rent due at Lady-day 1740, the day after the assignment, on account of the profits, upon the authority of the case in 1 Vern. 165, Treacle v. Coke.(l) (Vide Valliant v. Dodemede, post, 546.) As to the accruing rents it is a point of more difficulty, for the covenant in this lease not to assign...
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