Harley and Another v King
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1835 |
| Date | 01 January 1835 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 8
EXCHEQUER OF PLEAS.
S. C. 5 Tyr. 692; 1 Gale, 100; 4 L. J. Ex. 144.
[18] hakley and another v. klnu. Exeh. of I'leas. 1835.-The assignee of a lease is liable for the breach of a covenant running with the land, incurred in his own time, though the action is not commenced until after he has assigned the premises. [S. C. 5 Tyr. GUI; I Gale, 100 ; 4 L. J. Ex. 144.] Covenant by the plaintiffs as assignees of the reversion, against the defendant as assignee of the lessee. The declaration, after stating the making of the lease, and the title of the plaintiffs, and the conveyance to the defendant, assigned, by wray of breach, the non-performance of a covenant in the lease to repair, alleging it to be "after the assignment to the defendant, and during the continuance of the demise, and whilst he was possessed of the demised premises with the appurtenances." Plea, that after the defendant became the assignee of the demised premises as in the declaration mentioned, and before the commencement of the suit, to wit, on the 28th day of August, in the year 1831, he the defendant, by a certain indenture of assignment then made and duly signed by him the defendant, and sealed with his seal, for the considerations therein mentioned, did bargain, sell, assign, transfer, and set over unto one William Plurikctb, his executors, administrators, and assigns, all and singular the premises in the declaration mentioned, together with the said indenture of lease and the several assignments thereof, and the full benefit and advantage thereof, respectively, to have and to hold the said premises unto the said William Plunkett, his executors, administrators, and assigns, from the date thereof, for all the residue then to come and unexpired of the said term of years demised by the said indenture of lease, subject, nevertheless, to the payment of the yearly rent thereby reserved, and to the performance of the covenants therein contained, and which on the lessee's or assignee's part were to be observed and performed: by virtue of which said indenture of assignment the said William Plunkett, afterwards, to wit, on the day and year last aforesaid, entered into the said de-[19]-mised premises, with the appurtenances, and became, and was thereof possessed, for the residue of the said term then to come and unexpired, whereof the plaintiffs, on the day ajid year last aforesaid, had notice; (concluding with a...
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