Fountation and Guavers
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 68
IN THE COURT OF KING'S BENCH
18. fountain and quavers. John Cook seised of lands in fee, grants a rent in fee to Fountain, and covenants for him, his heirs and executors, to pay, &c. with clause of distress ; and there is a proviso, that if that the rent be arrear by so many days, it shall be lawful for the grantee to enter, and hold the lands, till he be satisfied of the arrearages, the rent was arrear in the time of the grantor, for which he entered after the death of the-grantor, and held it for so long time; and for rent due after the death of the grantor, he brought covenant against the executors, who demand oyer, and then pleads there was rent in arrear, and that the plaintiff did distrain ; and that the defendant brought a replevin, and that the rent being behind by so many days, the plaintiff did enter, and was possessed ; to which the plaintiff demurred, for they intend by entry for arrearages, that 'tis a suspension of the rent accruing in that time; so that covenant could not be brought. But Holt argued econtra. For he doth suppose, that pleading of an entry is not sufficient to make a suspension of a rent, without shewing...
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Fountain against Guavers
...the grantee had entered, pursuant to a clause in the deed, for rent arrear previous to the death of the grantor.-S. C. Comb. 59. S. C. Skin. 146. Covenant on an indenture of a grant of a rent-charge to the plaintiff, with a proviso for entry into the lands till satisfaction, &c. The defenda......