Markall v Hyde Mil & Alios
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1627 |
| Date | 01 January 1627 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 775
LORD COVENTRY.
NELSON, 4. MARKALL V. HYDE 775, [4] markall versus hyde mil. & alios. Pasc. 3 Car. 1 [1627], Lord Coventry. One Green being seized of a Manor to which the Advowson of the Rectory was appendant, did, in Consideration of 50 grant the next Avoidance of the Church to one Stockman, his Son-in-Law, and afterwards by Deed enroll'd he sold the said Advow-son to one Pool and his Heirs for the Sum of 100 and covenanted that it was free from Incumbrances, except the Grant of the next Avoidance as aforesaid. Afterwards Pool granted the Advowson to the Plaintiff Markall and his Heirs; but the Defendant Hyde had before that time purchased of Green the aforesaid Manor to which this Advowson was appendant; but the Advowson was not mentioned in the Purchase-Deed, only the Manor cum Pertinentiis : There was a Schedule annexed to the Deed to this Effect (Viz.), One Grant of the Advowson dated, &c. (naming a Date long before the Date of the Deed to Pool) excepted : And in the Fine levied by Green to Hyde, the Advowson was specially named. The Defendant by his Answer set forth, That he had contracted with Green [5] both for the Manor and the Advowson, and it was proved that he did know both of the Grant of the next Avoidance to Stockman, and of the Grant of the Advowson to Pool. And now the Grant of the next Avoidance being by several mesne Assignments come to the Defendant Steward, and the Church being void by the Death of the Incumbent, and Steward intending to be presented, the Defendant Hyde affirmed, that the Right of Presentation was in him by the Purchase of the Manor and the Advowson; and Steward unwilling to contend the Right, was perswaded not to insist on his own Title, but to...
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