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...
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