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Graves v Ashenhurst

Maclean & Robinson's Appeal Cases English Reports Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1826
Date01 January 1826
CourtHigh Court

English Reports Citation: 89 E.R. 57

THE COURTS OF KING'S BENCH AND COMMON PLEAS

Graves
and
Ashenhurst

case 94. graves v. ashenhurst. S. C. Vaugh. 173, by the name of Crowley v. Swindles & Al. Defendant averred that A. was seised of 200 acres in K. N. whereof the locus, &c. containing 20 acres was parcel, and avowed for a rent granted by A. out of the said 20 acres, by the name of all his lands, &c. in K. N. : The per nomen was held good. [See the pleadings stated in Vaugh. iiep.] The defendant avows for a rent-charge granted out of the 20 acres the locus in quo, &c. per nomen of all his lands arid tenements in King's Norton (which was 200 acres). And upon oyer of the deed it appeared, that the plaintiff granted a rent of 201. per annum after the decease of Ann Graves and Thomas, &c. ; and if the said rent of 201. shall happen to be behind at any of the feaats when it shall become due, it shall be lawful to enter (1) and distrain during the joint lives of Anne and Thomas. Two exceptions were taken. 1. It is alleged that the rent was granted out of 20 acres, per nomen of all his lands and tenements in King's Norton, which was 200 acres. Per Our.-It is good enough ; because it is alleged, that these 20 acres were parcel of the 200; and if it was granted out of the whole, it was granted out of every part; and this differs from Cro. Eliz. 662, where lands in possession were granted per nomen of lands in reversion, for it was impossible those should pass. Plow. 150 b. [Cro. El. 822.] (a). '2d Excep.-The clause of entry and distress in the deed differs from the allegation in the delaration; for it [78] appears by the deed, that the distress and entry was given but during the lives of Anne and Thomas, and the rent was not to commence till after their deaths. Answered per Our'.-Where words are repugnant or insensible, they shall be rejected; and cited Cro. Eliz. 420 ; so here the words, " during the joint (a) An entry to revest a freehold must ensue the action for the recovery of it. (Co. Lit. 252 a), i.e. where there are several tenants of the freehold, there must be several...

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