Loyd against Langford
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 86 E.R. 1008
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
case 103. loyd against langford. [Approved, Baker v. Gostling, 1834, 1 Bing. N. C. 27.] If a leasee for years re-demise his whole term to the lessor, with a reservation of rent, it operates as a surrender of the original lease; arid therefore he cannot maintain debt for rent against the executor of the original lessor, but must seek relief in equity; but if a lessee assign his whole term to a stranger, he may bring debt for the rent reserved on the contract against him or his personal representatives. A special verdict.-The case was : A. being tenant in fee of lands, demised the same to B. for seven years. B. re-demises the same lands to A. for the said term of seven years, reserving twenty pounds rent per annum. A. dies; his wife enters as guardian to the heir of A. her son, and receives the profits. B. brings debt against her as executrix de son tort, in the debet et detinet. The question was, whether this action would lie or not3 Baldwin, Serjeant, who argued for the plaintiff', held, that it did lie; for though the rent reserved in this case did not attend the reversion, because the lessee had assigned over all his term, yet an action of debt will lie for that rent upon the contract. Cro. Jac. 487. Wilton v. Bye, 45 Edw. 3, pi. 8. '20 Edw. 4, pi. 13. Covenant will lie upon the words "yielding and paying." If then here is a good rent reserved, the wife, who receives the profits, becomes executrix de son tort, and so is liable to the payment. It hath been held, that there cannot be an executor de son tort of a term, but the modern opinions are otherwise ; as it was held in the case of Porter v. Sweetman, Trinity term 1653, in the King's Bench (a); and [176] that an action of debt will lie against him. Indeed such an executor cannot be of a term infuturo, and that is the resolution in the case of Kenrick v. Burgess, Moor, 126 (A), where, in ejectment upon not guilty pleaded, it appeared that one Okeham had a lease for years of the lands in question, who died intestate, which lease his wife assigned by parol to Burgess ; and then ahe takes out letters of administration, and assigns it again to Kenrick, who by the opinion of the Court had the best title. But if one enter as executor de son toi't, and sell goods, the sale is good (c); which was not so in this case, because there was a term in reversion, whereof no entry could...
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