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Halley v Gaser. in C. B

Maclean & Robinson's Appeal Cases English Reports Cited authorities 5 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1826
Date01 January 1826
CourtHigh Court

English Reports Citation: 89 E.R. 30

THE COURTS OF KING'S BENCH AND COMMON PLEAS

Halley
and
Gaser. In C. B

case 45. hallely v. g-aser. In C. B. The heir cannot recover rent due in the lifetime of the ancestor. When the King grants over a rent-service he cannot empower the grantee to distrain. The case was : King Charles the First was seised of the lands in question, and granted the lands to Curteene in fee, reserving a rent of 2201. per annum, with clause of distress ; and so the plaintiff sets forth, that the King granted this rent to the Earl of Pembroke and Sir Kobert Pye, and granted that they should distrain for it; and that the Earl of Pembroke died, and Sir Robert survived ; arid then Sir Eobert died, and the rent descended [38] to Sir Robert, the son; and the defendant avows as bailiff to him. The plaintiff confesses the whole matter; but says, that the Earl of Pembroke discharged this rent in his lifetime, after it became due; and thereupon the defendant demurs ; and shows for cause, that here is a discharge pleaded, and does not say how he did discharge (1) ; and he ought to have said that he did it by deed, or to have set forth how, that the Court might judge of the sufficiency of the discharge ; which ought to have been done if the discharge had been material. But here it was resolved, that the avowry was naught; because it was for a rent due in the life of the ancestor, which the heir could not sue for at the common law ; and he is not enabled by the statute (2); for that only speaks of executors ; and the avowant does not say when it descended to him, so that it might appear whether it were due or not; and the Court said, as this case is, the ancestor had no power to distrain ; for when the King grants land in fee, reserving a rent, this is a rent service ; for the...

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