Floyd v Langfield

JurisdictionEngland & Wales
Judgment Date01 January 1826
Date01 January 1826
CourtHigh Court

English Reports Citation: 89 E.R. 155

THE COURTS OF KING'S BENCH AND COMMON PLEAS

Floyd
and
Langfield

case 226. floyd v. langfield. S. C. Lloyd v. Langford, 2 Mod. 174. When a tremor assigns his whole term, rendering rent, he may maintain debt for the rent, but cannot distrain. There may be an executor de son tort of a term (vid. post, p. 261-2); unless it be merged in the reversion by surrender. An action of debt for rent was brought against the defendant as executrix of A. The case upon a special verdict was, that A. being seised in fee of certain lands, leased them to B. for ninety-nine years in consideration of 3001. and B. redemises the whole term to A. rendering 201. rent per annum; [the intent of the bargain being to secure an annuity of 201. to B. which he purchased with 3001.] then A. dies, and the defendant entered upon those redemised lands as guardian to her son. In this case it was agreed, 1. That when a tremor assigns his whole term, rendering rent, although he cannot distrain, because he hath no reversion in him, yet he may (1) Ante, c. 58. 1 Lev. 148. 156 DE TEEM. S. MICH. 1676 1 FREEMAN, 219. maintain an action of debt against the lessee upon this contract. 2 Cro. 487. 45 Ed. 3, 8 (1). Moor, 126 (a). 2. It was agreed, that there may be an executor de son tart of a term, and he shall be liable to the payment of the rent; as it was held in the case of Porter and Sweetney (2), B. R. Trin. 1653. 3. In this case here can be no...

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1 cases
  • Lord Townsend v Dr. Hughes, Chancellor of Norwich
    • United Kingdom
    • High Court
    • 1 January 1826
    ...how an action came at first to be brought upon this statute to recover damages to the party, when the penalty prescribed in the Act89 E.R. 155 THE COURTS OF KING'S BENCH AND COMMON Lord Townsend and Dr. Hughes, Chancellor of Norwich See S. C. 2 Mod. 150 (with note). 1 FREEMAN, 218. IN COMMU......

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