Duke of Bridgewater, - Appellant; Sir Francis Edwards, - Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 27 February 1733 |
| Date | 27 February 1733 |
| Court | House of Lords |
English Reports Citation: 2 E.R. 1139
House of Lords
BRIDGEWA.TEB (DUKE OF) V. EDWARDS [1733] VI BROWN. case 2.-Duke of bridgewater,-Appellant; Sir fkancis edwards,- Respondent [27th February 1733]. Where by great length of time it is become impossible to know out of what particular lands ancient quit rents are issuable, courts of equity have exercised a jurisdiction; and have constantly, on proof of payment within a reasonable time, decreed a satisfaction for all arrears of such rents, and payment of the Fame for the future. See the case of Eton College v. Beauchamp, 1 C. C. 121: and 1 Eq. Ab. 32 (B.) with the other cases cited there, and in 1 Eq. Ab. 364.-So courts of equity will interfere, where the days on which the rent is payable are stated to be uncertain, Holder v. Chambury, 3 P. Wms. 256, (and see the notes there): - or where there are no demesne lands on which to distrain: Leeds (Duke] v. Powell, 1 Vez. 170 ;-or where the distress is obstructed by fraud; Davy v. Davy, 1 C. C. 147: or where no distress can be made, the subject being of an incor poreal nature, as where a rent is issuing out of tithes, Berkeley v. Salisbury (E.), cited 2 Bro. C. K. 519, as from 1 C. C. 121.-See Fonblanque's Treat, Eq. i. 144, 145, in n. decbbb of the Court of Exchequer reversed. The appellant and his ancestors were lords of the manor of Middle, in the ccunty of Salop, and entitled to receive...
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