Legg v Strudwick
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 359
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Hill. 7 Ann. B. R.
See Birch v. Wright, 1786, 1 T. R. 380.
6. legg versus strudwick. [Hill. 7 Ann. B. E.] [See Birch v. Wright, 1786, 1 T. E. 380.] Parol demise to hold from year to year, & sic ultra quamdiu,, t&c., is a lease for two years, and after every subsequent year begun, not determinable till that be ended. See p. 413. 1 Mod. 4. 1 Lutw. 213, 214. Eep. A. Q. 203, S. C. Holt. 417. And not void by the Statute of Frauds. In replevin the defendant avowed, for that he being seised in fee of the locus in quo, demised the same to A., habendum de anno in annum & sic ultra quamdiu ambabus partibus placeret, to commence from Lady-Day 1703, rendering an annual rent, payable quarterly. The lessee entered, and died the 17th of December 1706. And the rent for a year and a half ending at Christmas before was arrear, for which the lessor entered and distrained. To this the plaintiff demurred. Et per Curiam it was held, first, That after the two years, the lessor or lessee might determine; but if the lessee held on, he was not then tenant at will, but for a year certain; for his holding on must be taken to be an agreement to the original contract (a), and in execution of it; and the first contract waa from year to year. 2dly, The third year is not in the nature of a distinct 360 LEGACY 2 SALKBLD, 415. interest, because it arises from the same executory contract, and therefore the lessor may distrain the third year for the rent of the second; and such an executory contract as this...
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...Common Law in respect of the estate and interest of a tenant from year to year, I find it ruled, in the arly case of Legg v. StrudwicJt (2 Salk. 414), that, a tenant from year to year holding on and dying in the third year, the lessor is entitled to distrain in the third year for the rent o......
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