Lanyon v Carne et Al Executors of Cara
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1845 |
| Date | 01 January 1845 |
| Court | Court of the King's Bench |
English Reports Citation: 85 E.R. 910
COURT OF KING'S BENCH
Referred to, Western v. Bailey [1896], 2 Q. B. 239; [1897], 1 Q. B. 90.
[161] 29. lanyon versus carne & al' executoes of cara. Hil. 19 & 20 Car. II. Eegis, Rot. 1534. [Referred to, Western v. Bailey [1896], 2 Q. B. 239 ; [1897], 1 Q. B. 90.] Cormoall, to wit.-Be it remembered that heretofore, to wit, in the term of St. Michael last past, before our lord the King at Westminster came John Lauyon gent. by Arthur Painter his attorney, and brought here into the Court of our said lord the King then there his certain bill against Robert Carne and Julian Cara widow, executors of the last will and testament of James Cara lately deceased, in the custody of the marshall, &c. of a plea of breach of covenant, and there are pledges of prosecution, to wit, John Doe and Richard Roe, which said bill follows in these words, to wit: Cornwall, to wit, John Latiyou gent, complains of Robert Carne and Julian Cara widow, executors of the last will and testament of James Cara deceased, being in the custody of the marshall of the Marshalsea of our lord the King before the King himself, of a plea of breach of covenant, for that whereas on the 12th day of February in the 15th year of the reign of our Lord Charles the Second now King of England, &c. by a certain indenture made at Launceston in the county aforesaid, between the said John Lanyon, by the name of John Lanyon of Bobreach in the parish of St. Crett in the county of Cornwall gent, of the one part, and the aforesaid James Cara, by the name of James Cara of the parish of St. Levan in the county aforesaid yeoman, of the other part, (the other part of which said indenture sealed with the seal of the said Jamea Cara in his lifetime the said John here into Court brings, the date whereof is the same day and year,) he the said John Latiyou for and in consideration of the sum of 2401. of good and lawful money of England, to the said John by the said James in his life-time in hand paid, and secured to be paid, before the sealing and delivery of the said indenture, and also for divers good causes [162] and considerations him the said John Lanyon specially moving, had demised, granted and to farm let, and confirmed, and in and by the said indenture did demise, grant, and to farm let, and confirm, unto the said James Cara in his life-time, his executors, administrators and assigns, all those messuages, lands, and tenements with all and singular the appurtenances, commonly called or known by the name or names of Tredinan, situate, lying and being in the parish of St. Levan in the county aforesaid, and then or late in the tenure and occupation of William Cara and William Baynard, their assign, or assigns, and lately theretofore demised by James Trewren of St. Crett aforesaid gent. . deceased to one John Roe of Peiiryn, together with all messuages, lands and tenements, houses, gardens, meadows, marshes, pastures, feedings, ways, patha, and easements, commons, waters, watercourses, furze and heath, and all other advantages and appurtenances to the said premises, or to any part or parcel thereof belonging, incident or in any wise appertaining (all the tin and toll of tin,, and tin-works then found or wrought, or which should thereafter be found or wrought, in or upon the premises aforesaid, or any part thereof, with free liberty to dig, undermine and search for tin, and the tin then found to take and carry away with all sorts of carriages, and all the timber-trees of oak, ash and elm, and all other timber-trees whatsoever then growing, or which afterwards should grow in or upon the aforesaid premises, with liberty to cut, fell and 2 WMS. SAUND. 183. TRIN. 22 CAB. II. REGIS 911 carry away the said trees, to the aaid John Lanyon, his executors and assigns always excepted and reserved ;) to have atul to hold all and singular the messuages, lands and tenements aforesaid with the appurtenances, and every part and parcel thereof (except as before excepted) unto the said James Cara, his executors, administrators and assigns, for and during the full time and term of 99 years fully to be complete and ended, if the said James Cara and Julian Cara, daughter of Robert Came of the parish of Buryan in the county aforesaid yeoman, or either of them, should so long happen to live, the said term to commence and begin upon and after the death of Sibill, wife of one William Cara, or the surrender, forfeiture, or other determination, of the estate in the premises granted by the said James Trewren to the said John Roe, and not before; he the said James Cara, his executors, administrators, yielding and paying therefore yearly during the said time, after the cmiimencement thereof, to the said John Lanyon his heirs and assigns, the yearly rent of 40s. of lawful money of England, to be paid at the four most usual terms, or times of payment of rent in the year, that is to say, the Annunciation of the Blessed [163] Virgin Mary, the Nativity of St. John Baptist, the Feasts of St. Michael the Archangel, and the Nativity of our Lord God, by even and equal portions, and also a capon yearly during the said term at the Feast of the Nativity of our Lord God, and also yielding and paying yearly, and every year after tlie cammeiicement thereof, out of the said premises, the annual or yearly high rent, or chief rent due to the heirs and assigns of Martin Bosistovve gent, deceased; and also yielding and paying 31. of lawful money of England, for the best boast, for and in the name of a heriot, or farliefe, upon and after the several deaths of the said James Cara and Julian Cara, and upon and after the several respective deaths of them, or either of them; and also a harvest-journey yearly in the time of harvest, with a man, horse and guide, for the carrying of the grain of the said John Lanyon his heirs and assigns to his house, upon reasonable notice given to them; as by the said indenture (among other things) more fully appears. And the said John Lanyon, protesting that neither the said James Cara in his lifetime, nor the said Eobert Game and Julian Cara after the death of the said James Cara, nor either of them, performed, fulfilled or kept any of the covenants, promises, or agreements in the said indenture above specified, on the part of the said James Cara to be performed, fulfilled and kept according to the form and effect of the said indenture, in fact says, that after the making of the said indenture, to wit, on the 1st day of October in the 19th year of the reign of our said lord the now King at Launceston aforesaid in the county aforesaid, he the said James Cara made his last will and testament in writing, and constituted and appointed the...
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Mayor of Basingstoke v Lord Bolton
...service, and therefore there is a right of distress. That a sum reserved in lieu of heriot service is a rent is clear: Lanyon v. Carne (2 Saund. 165); he cited also 2 Eolle's Abridgment, 451, P. Here there was a heriot payable before the time of Eich. I. There is a custom from the time of E......