Champernoon v Gubbs et Al
| Jurisdiction | England & Wales |
| Judgment Date | 24 October 1700 |
| Date | 24 October 1700 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 844
HIGH COURT OF CHANCERY
S44 CHAMPEBNOON V. GUBBS 2 VEBN. 382. , : [382] de term. S. michaelis, 1700, in curia cancellaria Case 349.-champernoon versus gubbs & AT. Octob. 24 [1700]. Pre. Ch. 126, S. C. Plaintiff had £120 per ann. rent-charge settled for her jointure; and there being a great arrear, and not sufficient distress on the land; plaintiff brought her bill that the defendant, the devisee of the inheritance, might set out sufficient distress; or that the plaintiff might hold and enjoy till paid the arrears. Cur. when the party has provided one remedy, viz. by distress, we will not give her another, unless some fraud be proved in letting the land lie fresh, or depasturing the land in the nighttime only. Post, Case 354. The plaintiff on her marriage had a rent-charge of one hundred and twenty pounds per ann. settled on her in lieu of a jointure, with power of distress; and there being no less than five hundred pounds arrear, and no sufficient distress to be found on the land; the bill was against the devisee of the inheritance, that a sufficient distress might be set out, or that the plaintiff might hold and enjoy the land until satisfied the arrears, and the growing payments. The Lord Keeper thought not fit to relieve the plaintiff, declaring the law never gives any other remedy, than what the party has provided for himself, and the remedy here being...
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