Havergill against Hare
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 435
IN THE KING'S BENCH.
case 22. havergill against hare. Hilary Term, 13 Jac. 1. Roll If a rent charge be granted in fee with a clause of distress, and a fine be levied of the lands to the use and intent that if the said yearly rent should be behind, and no sufficient distress, the grantee, his heirs or assigns, may enter till the rent be paid: on half a year's rent becoming arrear, the grantee may enter; for this is not a (a) 1 Roll, Ab. 916. (b) In the abridgement of this case 2 Roll 48. it is said that William could not devise this possibility during the six years, for until they expired he had no interest; but in 1 Roll. Abr. 916. that his executor should have it, because it was a possibility fixed in the testator, and depending only on the act of God for its perfection. 436 MICHAELMAS TERM, 16 JAC. 1. IN B. R. CRO.JAC.S1I. condition, but a limitation to the use, and shall be construed according to the intent of the parties. Go. Lit. 203. 1 Roll. Ab. 846. 2 Roll. Ab. 48. 799. Moor, 831. 1 Leon. 246. 1 Sid. 344. Fearne, 423. 1 Bac. Ab. 119. 420. If a rent in fee be granted, and a fine levied to the use, intent, and purpose, that if the rent be arrear the grantee may enter, it creates a contingent and future use to rise on the non-payment of the rent, and is transferable over, by bargain and sale, with the rent. A fine levied to the grantee of a rent-charge, with a power limited by way of use, to enter on non-payment of the rent, "and retain until he be fully satisfied," conveys to him. on entry an estate in possession, of which his lessee may maintain ejectment; for it is quasi a conditional inheritance until the rent be paid. Qu. If a man grant a rent-charge in fee, and covenant to levy a fine to the uses, intents, and purposes, that if the rent be behind, the grantee then and from thenceforth may enter, &c. and afterward the fine is levied, whether he can enter for rent arrear, due and...
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Brady v Fitzgerald
...v. HawkinsUNK 1 Dr. & Wal. 363. Adair v. New River Company 11 Ves. 429. Cremen v. HawkesUNK 8 Ir. Eq. Rep. 153, 503. Havergill v. HareENR Cro. Jac. 510. Baker v. GostlingENRENR 4 M. & Sc. 539; S. C. 1 Bing. N. C. 19. Roberts v. Hughes Beat. 417. Cremen v. HawkesUNK 8 Ir. Eq. Rep. 153, 503. ......
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