Hatter against Ashe
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1797 |
| Date | 01 January 1797 |
| Court | Court of Common Pleas |
English Reports Citation: 83 E.R. 770
IN THE COMMON PLEAS.
[438] trinity term, in the eighth year of the reign of william the third. in the common pleas. hatter against ashe. S. C. Salkeld 413. 1 Lord Raym. 84. A prebendary makes a lease for life, habend' a datu. It is more reasonable to expound the words so as to make the lease good, and therefore a datu held to mean a delivery, and thus to include the day of the execution of the indenture. Co. Lit. 46 b. 2 Salk. 625, 627. 1 Salk. 44. 6 Mod. 215. Aleyn 77. 2 Bulst. 83, 305. 3 Bulstr. 203. 1 Wilson 176. 2 Wilson 166. Powel Essay on Powers, 505. 1 Ld. Ray. 280. 2 Ld. Ray. 1242. Cowper 714. In this hist case, A. under a power reserved in his marriage settlement to lease for 21 years in possession, but not in reversion, grants a lease to his only daughter to commence from the day of the date ; this was adjudged a good lease. Lord Mansfield commented upon all the authorities on this point, and concluded with saying : The ground of the opinion and judgment which I now deliver is, that "from" may in the vulgar sense, and even in the strictest propriety of language, mean either inclusive or exclusive. That the parties necessarily understood and 3LEF.4M. TRINITY, 8 WILLIAM III. 771 used it in that SÇnse which made their deed effectual; that the Courts of Justice are to construe the word) of parties so as to effectuate their deeds and not to destroy them ; more especially where the words themselves abstractedly may admit of either meaning. Ejectment by the successor of a prebendary, wherein upon a special verdict, the case was this: A prebendary makes a lease for life habend' a datu ; and if it should bind the successor 1 was the question : and it was argued at the Bar three times in three several terms: and for the plaintiff it was said, that a datu is all one with a die datus, and 5 Co. 21, Clayton's case, arid divers other cases cited to that purpose ; also here the livery being the same day the indenture bears date, it was said the livery was void, because it could not expect, and the term not being commenced 'till the day after the date, the livery being made the same day the indenture bears date, it was made before the term had any commencement; and so it was void. 2. They said, that the lease was void, being a lease in reversion, and it being not to commence in interest 'till the day after the making, or the dale, was not a good lease within the words of the statute of 18 Eliz...
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Freeman, on the demise of Vernon alias Bund, v West
...for the plaintiff, and order the postea to be delivered to him. Cases cited by Serjeant Nares upon the first argument. 1 Ld. Raym. 84. 3 Lev. 438. Salk. 413. 1 Rol. Rep. 229. Hob. 314. 2 Buls. 304, 5, &e. 2 Rep. 55. Cases cited by Serjeant Hewitt. Co. Litt. 52 b. 48 b, as to feoffment and s......