Jones v Williams
Jurisdiction | England & Wales |
Judgment Date | 01 January 1655 |
Date | 01 January 1655 |
Court | Exchequer |
English Reports Citation: 145 E.R. 350
IN THE COURT OF EXCHEQUER
(2) jones verms williams. In debt for rent upon a lease for years, the plaintiff' declares that J. S. upon the 20th of Nov. 13 Car. made a [4] lease to the defendant for 99 years, if three lives should so long live, rendering rent, and that afterwards the lessor devised the reversion to the plaintiff1, & poatea scilicet, on the 6th day of Nov. anno 13 Car. dyed ; and after a verdict pro quer', it was moved in arrest of judgment, that the death of the lessor was alledged to have happened before the lease made. Atkins pro quer'. The scilicet being repugnant to what goes before is to be HARDEES,5. THE ATTORNEY-GENERAL V. STRAITE 351 rejected as void ; for what comes after, it is superfluous, and needed not to have been expressed at all; for the certain day of his death is not material. Vid. Hob. Itep. 171, 284, and Plow. Com. 171, accordant in the case of Hill a/il, Granye. This is like the case of an Anghce, 10 Reports, (Mume's case, which is but expository like this. Shaftoe pro defendente. The death of the lessor here...
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