Coghil against Freelove
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 87 E.R. 215
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 200. coghil against freelove. An action lies in the detinet against an administrator for rent incurred after an assignment of the term; for the privity of contract is not determined by the death of the intestate.-S. C. 2 Vent. 209. Dyer, 4. 3 Co. 23. Cro. Eliz. 555, 715. Cro. Jac. 685. Poph. 120. Moor, 600. Latch, 260. 1 Sid. 266. 1 Lev. 127. Prec. Ch. 156. 2 Mod. 175. 8 Mod. 72. 10 Mod. 12, 255. 11 Mod. 169. 12 Mod. 7, 23, 291, 371. 2 Com. Dig. "Dett." (E.). 2 Bac. Abr. 441. 1 Ld. Ray. 554. 3 Peer. Wm. 264. Dougl. 462, nolis, 765. 3 Term Rep. 393. 4 Term Rep. 94. Debt for rent was brought against the defendant, as administratrix of Thomas Freelove her late husband, deceased; in which action the plaintiff declared, that on the 1st of May, 21 Car. 2, he did by indenture demise to the said Thomas Freelove one messuage and certain lands in Bushey in Hertfordshire, habendum from Lady-Day then last past for and during the term of twenty-one years, under a yearly rent; that by virtue thereof he entered and was possessed ; that on the 7th of March 1685 the said Thomas Freelove died intestate; that the next day administration of his goods (a) Salk. 40, 679. 2 Ld. Ray. 854. 6 Mod. 134. 2 Bac. Abr. 401; and see the 4 Ann. c. 16, s. 26, respecting the granting probates and administrations to the widows and orphans of persons dying intestate, to monies or wages due for work done in the King's yards or docks. (a) Dalton Sheriff, 563. 8 Co. 141. 3 Bac. Abr. 241. (b) 21 Edw. 4, pi. 23. Cro. Eliz. 164. Moor, 274. Cro. Jac. 3. 1 Roll. Abr. 809. Godb. 403. 2 Leon. 84. Gilbert's Execution, 81, 82. 216 MICHAELMAS TERM, 2 WILLIAM AND MARY. IN C. B. 8 MOD. 326. and chattels was granted to the defendant; and that seventy-eight pounds was in arrear for rent due at such a time, for which this action was now brought in the detinet. The defendant confessed the lease prout, &c. and the death of the intestate, and that the administration was granted to her, but says, that before the rent was due, she, by articles made between her of the one part, and Samuel Freelove of the other part, did assign the said indenture, and all her right, title, and interest thereunto, and which she had in the premises, unto the said [326] Samuel Freelove, who entered and was possessed ; that the plaintiff' had notice of this assignment before he brought this action, but...
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Pitcher against Tovey
...S. C. Poph. 120. S. C. 3 Co. 24. Marrow v. Turpin, Cro. Eliz. 715. S. C. Moor, 600, semb. contra. But in the case of Coghil t. Freelow, 3 Mod. 325, it is said, that the late resolutions have been quite contrary to the above cases, arid that it is now held, that the privity of contract of th......