Duke of Bridgewater, - Appellant; Sir Francis Edwards, - Respondent

JurisdictionEngland & Wales
Judgment Date27 February 1733
Date27 February 1733
CourtHouse of Lords

English Reports Citation: 2 E.R. 1139

House of Lords

Duke of Bridgewater
-Appellant
Sir Francis Edwards
-Respondent

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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4 cases
  • Archbishop of Dublin v Coote and Lord Trimleston
    • Ireland
    • Court of Chancery (Ireland)
    • 30 May 1849
    ...ARCHBISHOP OF DUBLIN and COOTE and LORD TRIMLESTON. Brady v. Fitzgerald Reported post. Duke of Bridgewater v. EdwardsENR 6 Bro. P. C. 368. Duke of Leeds v. New RadnorENR 2 Bro. C. C. 518. Benson v. BaldwinENR 1 Atk. 598. Manly v. HawkinsUNK 1 Dr. & Wal. 363. Holder v. ChamburyENR 3 P. Wms. ......
  • Adair v The New River Company
    • United Kingdom
    • High Court of Chancery
    • 1 August 1805
    ...may be had here, is very old : Thorndike v. Allen (1 Ch. Ca. 121). Eton College v. Beauchamp and Reeds (1 Ch. Ca. 144). Davy v. Davy ([6 Bro. P. C. 368, 2nd ed.]). Cran-\$SS\-borne v. Crisp (Finch, 105). The Anonymous Case in Precedents in Chancery (Pre. Ch. 592). The Duke of Bridgewater v.......
  • Brady v Fitzgerald
    • Ireland
    • Court of Chancery (Ireland)
    • 16 June 1848
    ...121. Davy v. Davy 1 Ch. C. 144. champernoon v. GubbsENR 2 Vern. 382. Boteler v. Massey 1 Finch, 241. Duke of Bridgewater v. EdmondsENR 6 Bro. P. C. 368. North v. StaffordENR 3 P. Wms. 148. Holder v. ChamburyENR 3 P. Wms. 255. Benson v. BaldwynENR 1 Atk. 598. Duke of Leeds v. Powell 1 Ves. 1......
  • Bouverie against Prentice
    • United Kingdom
    • High Court of Chancery
    • 20 March 1783
    ...v. Jaques, 1 Ch. Ca. 120.-Cox v. Foley, 1 Vern. 359.-Duke of Bridgwater v. Edwards, in the House of Lords, 4 Brown's Parlt. Cases, 139. (6 Bro. P. C. 368, octavo ed.) Mr. Robinson (on the same side) said, the bill was filed against many, to prevent multiplicity of suits, that therefore it o......

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