Kingdom and Jones
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 13
IN THE COURT OF KING'S BENCH
[26] term. hill. 33 & 34 car. 2. R. B. 1. kingdom and jones; Devant. The suit was between the wife of Kingdom administratrix, for the arrears, soil. 1501. quarterly, before the assignment; and the other farmers would have it, that she should not recover, for that the words of the covenant are, 1501. is to be paid by survivors to the executors, &c. of the party deceased ; but here is no survivor or party deceased. The Court here seemed upon the whole case, to hold that the arrears could not pass by assignment, being merely a chose in action ; but that the administratrix of Kingdom should recover. Wherefore they ordered the judgment in C. B. to be reversed, and judgment to be entered for the plaintiff, nisi.
English Reports Citation: 90 E.R. 3
IN THE COURT OF KING'S BENCH
7. kingdom and jones : Puis. 2 Jones 150. Raym. 459. A writ of error was brought upon a judgment in C. B. where the case was, the King demised his revenue of the kingdom of Ireland to Jones, Kingdom, and seven or eight for five years, for which they were, &c. And among the farmers it was covenanted and agreed, that each of them should have 1501. quarterly to accrew due to him, which he should not take out of their stock; but it should be as money lent to the stock, for which he should receive interest at the rate of ten pounds per cent, until the end of the five years, and then to be paid each one pro rata portione, and the surplusage to be divided; and if any die within the five years, then that one hundred and fifty pounds, &c. and interest to be paid to his executors ; and the remaining money (if any) not to go to the executors. They further covenanted, that 4 TERM. MICH. 33 CAB. 2. R. B. SKMNEE, 7. none shall assign his interest without the consent of four: Kingdom lived till within a month of five years expired, and then, with consent of four, assigns his interest to Letn, Kingdom and Dawson within a month of the five years expiration, and dy'd; and if his assignees shall have an interest in the whole, or his executors have only the one hundred and fifty pounds quarterly to be paid, and interest for it, was the first point: the second point was, if where (as here they did) severally covenant separatim & respectim & non conjunctim, nor one for another, but every one for himself, doth covenant, agreavit, &c. An action of covenant being brought by one against the rest jointly ; if...
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