Forth v Holborough
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1158
King's Bench Division
forth versus holborough. 4. In an action of debt upon an obligation of 200 marks brought by Robert Forth Doctor of Law, and Mary his wife, as executrix to Doctor Drewry, against Richard Holborough, the case upon demurrer appeared to be this; to wit, that the said Doctor Drewry was seised in his demesn as of fee, of the scite of the manner of Goldingham Hall in the county of Essex, and so seised the last day of November, 27 Eliz. demised it to the said Richard Holborough for 17 years from the said last day of November, whereby the defendant entred into it the next day, and was thereof possessed accordingly, and so possessed the last day of November, 28 Eliz., entred into an obligation to the said Doctor Drewry, with condition, that if he, his heirs, executors, admini-[40]-strators and assigns, or any of them should well and truly pay or cause to be paid to Dorothy Goldingham widow, or her assigns, at the mannor-house of Goldingham Hall in the county of Essex, for the term of 17 years, from the Feast of S. Michael the Arch-angel then last past, or an annuity or annual rent of 20 marks of lawful English money, at the Feast of the Annunciation of our Lady, and S. Michael the Archangel, by equal portions, if the said Dorothy shall so long live, and the said Richard Holborough, or his assigns, or any other claiming by, or under the said Richard, or his assigns, shall or may so long occupy or enjoy the said scite of the mannor of Goldingham Hall, that then the obligation shall be void ; after which until the 9th day of May, 29 Eliz. the defendant enjoyed the said seite, and paid duly the said annuity, and then he surrendred his estate in the said scite to the said Doctor Drewry, and after this did not pay the annuity over, and yet continued the possession of the said scite. And by all the justices the defendant notwithstanding the surrender made to the obligee himself, ought to have continued the payment of the annuity to the said Dorothy, for albeit the term be drowned and merged in the reversion, and so hath not continuance as to him in the reversion, yet as to any thing heretofore done by the defendant who was the termor in judgment of law, it is to be said to have continuance : as if he had granted a rent-charge out of it to have continuance during the said term, although he surrender his term to him in the reversion, yet the charge continues, and as to it, the reversion...
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