Magnay and Others v Edwards and Others, Assignees of George Courthope Green, a Bankrupt
| Jurisdiction | England & Wales |
| Judgment Date | 27 April 1853 |
| Date | 27 April 1853 |
| Court | Court of Common Pleas |
English Reports Citation: 138 E.R. 1286
IN THE COURT OF COMMON PLEAS AND EXCHEQUER CHAMBER
S. C. 1 C. L. R. 141; 22 L. J. C. P. 170; 17 Jur. 839.
magnay and others v. edwards and others, Assignees of George Courthope Green, a Bankrupt. April 2.7, 1853. [S. C. 1 C. L. R. 141; 22 L. J. C, P. 170; 17 Jur. 839.] Mortgagor and mortgagee of an undivided moiety of certain premises, jointly with the owner of the other moiety, demised the whole for twenty-one years to one Green, the latter covenanting with the three lessors jointly and severally to pay the rent reserved, but not saying to whom. Green entered, upon the premises, and afterwards became bankrupt. His assignees having accepted the lease,-Held,- deferring to the authority of fiTakefield v. Brown, 9 Q. B. 209,-that the defendants were liable in covenant at the suit of the three lessors for rent accruing while they were possessed of the premises. The declaration stated that Sir William Magaay, Bait., Riee Jones, and.Jane Magnay, sued Edward Edwards, John Spicer, and Aaron Cohen, assignees of the estate and effects of George Courthope Green, a bankrupt,-for that, by deed dated the 10th of June, 1851, and expressed to be made between Sir William Magnay of the first part, Rice Jones of the second part, Jane Magnay, therein described as administratrix de bonis non of: the estate .and effects of James Magnay, who was entitled to a moiety of the premises thereinafter mentioned and thereby intended to be demised, of the third part, and George Courthope Green of the fourth part, Sir William Magnay, and Rice Jones, and as to Sir William Magnay, by the direction and with the consent of Jane Magnay, testified by,her being a.party to and executing the said deed, did, and each of them did, grant, demise,.and lease unto George Court-hope Green, his executors, administrators, and assigns, certain pieces or parcels of land, &c., situate in the county of Surrey, [480] to hold the same unto George Courthope Green, his executors, administrators, and assigns,, from the 24th of June, 185.1, for the term of twenty-one years thence next .ensuing, determinable, nevertheless,, as thereinafter mentioned, that is to say, at the expiration of the first seven, or fourteen years of 13C.B.481. MAGKAY V. EDWARDS 1287 the said terra,, on the said George Courthope Green, or his assigns, giving six calendar months' notice in writing to the plaintiffs, or any of them, and on payment of all arrears of rent, and the performance of the covenants therein mentioned on the part of the said George Courthope Green, his executory administrators, and assigns, yielding and paying fo^the said thereby demised premises, during the continuance of the term thereby granted, the yearly rent or sum of 6501., by four equal quarterly,pay ^ ments, on the 29th of September, the 25th of December, the 2,5th of, March, and the 24th of June, in each and every year: And the said George. Courthope Green did thereby, for himself, his heirs, executors, and administrators, covenant with the plaintiff and their assigns, and also as a separate covenant with each tof them, and each of their respective executors, administrators, and assigns, in manner following,, that is to say, that he the said George Courthope Green, his executors, administrators, and assigns, should and would from time. to, time .and at all times thereafter during the continuance of the said term thereby granted, pay, or cause to be paid, the said yearly rent of 6501. thereby reserved, at the times and in manner thereinbefore appointed for the payment thereof as aforesaid: And it was .thereby provided, that, if the said yearly rent of 6501., or any part thereof, should be behind or unpaid for the space .of twenty-one days next after any of the days whereon .the same was appointed to be paid as aforesaid, the same having been lawfully demanded on the day when the same became due, or at any time afterwards, or if George Courthope. Green, his executors, administrators, or as-[481]-signs, should not in all things observe, perform, fulfil, and keep the covenants, conditions, and agreements on his and their parts therein contained, then, and in either of the said cases, it should and might be lawful for the plaintiffs, or any of them, their or any of their executors, administrators, and assigns, into and upon the premises thereby demised, or-any part thereof in the name of the whole, to re-enter, and the same to have again, re-possess, and enjoy as in his and their former estate, and the said George Courthope Green, his executors, administrators, and assigns, and all occupiers of the premises, thereout from thence utterly to expel and amove: That, by virtue of the said deed, the said George Courthope Green duly entered into and upon all and singular the demised premises, with the appurtenances, and became and was possessed thereof as aforesaid: That, after the making of the said indenture, and during the term thereby granted, all the estate, right, title, interest, and term of years then to come and unexpired, property, profit, claim, and demand whatsoever of George Courthope Green of and in the demised premises, with the appurtenances, legally came to and vested in the defendants as such assignees as aforesaid, they having elected to take the said premises, and the benefit of such deed and lease as aforesaid, and the defendants then became and were assignees thereof as aforesaid: That, although the plaintiffs had performed all conditions precedent, yet the defendants, as such assignees as aforesaid, had not. paid the rent in respect of the said premises for the quarter of a year ending the 25th of December, 1852, and which became due and payable since such election as aforesaid, and since they became and were such assignees as aforesaid, and such rent was still due, in arrear, and unpaid. The defendant Edwards pleaded, that, in and by the deed in the first count men tioned, Rice Jones was de-[482]-scribed as being, and he in fact was, at the time of making the deed, a mortgagee of Sir William Magnay's moiety or equal half part of the premises in the declaration mentioned,: and therein alleged to have been demised; that Jane Magnay was in and by the deed described, as the fact was, as being entitled to the other moiety of the premises;: and that Sir William Magnay had not at the time of the making of the deed any estate of or in the premises, or any part thereof. . = .' . ; :,-...
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