Lilley against Whitney
| Jurisdiction | England & Wales |
| Year | 1794 |
| Date | 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 73 E.R. 605
King's Bench Division
Li l ley against whitney. A termor grants all his term and interest to B. habemhun to him after his death ; the whole interest passes immediately, and the habtndum is void. (30) A termor reciting by indenture his term and lease, granted - E (i B (;r.ltlt 1S4_ all his term estate and interest to another, hahemlum to him and his ni . 5a [ ._ This case in assigns immediately after the death of the grantor: Whether the (io.r'ii!" ro'.Vh. i ia grantee shall have this immediately, or shall wait for the death of ,1;'3' .5?"- r!-!'' -)H,,h',.,,1 0 . ò" (ò . In,) a. 11. V C. 4.i7. the grantor, was demurred in law upon evidence, on a special i Buisu-. i'.u, i . u h. verdict at nisi prius, before Saunders and Cams: and in this Term Ai^'iio t m(\ ''H7 ' "' in E. R. the case was ruled, and adjudged, that the kabmdum was l '^ - f.iiz. i 5s. skm. ò l l iU ò r u i-i,. l il i- i s-s- l Slllk- ;|-16- l2 void, and the premises of the grant good to make the entire term Mod. u.i pass to the grantee immediately.
English Reports Citation: 73 E.R. 609
King's Bench Division
lord abergavenny against plummeb and others. Kent. In waste by pulling up a copper fixed to the soil by the lessee, plea a devise thereof by the lessee, issue on the devise is a jeofail. Plaintiff may abridge the waste assigned, not falsifying the writ: but if in waste in domibus et boscis he abridge all the waste in domibus, the writ shall abate. If one of several issues be a jeofail, the others shall be tried by the same jury, bub there shall be a new venire to try the new issue. (33) Waste was assigned amongst divers other things in the [5 Bac. Ah. i2. Nee i pulling down of a copper or lead affixed to the soil by a termor : to ^omu^l^.'sT.f'' which was pleaded in bar a legacy of it by the termor, and that by l,1^^-1(^' "'r,,^1' J'" the assent of the executors it was pulled down, and removed. And r.ib. 4 o . G.i "n.v. an. the plaintiff traversed the devise of the termor, upon which they Jj; ^ 4'2*- 3,j' g' -^ £,' ^ were at issue, and upon other points there were ioined divers other a' u, w, its h. 6, wa, 4' i ,1 t i i ,1 òò ,1 i ò 13 4 a. 4 E. 4,33. 40 K. issues. And now the Jury appeared, and this issue on the devise ;j, ä i,. 44 f'. 3, 34 i,. was asserted to be a jeofaile, and so holden by the Court. And yet jf 37 & Rf...
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