Mason against Chambers
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 27
IN THE KING'S BENCH.
[34] case 7. mason against chambers. If a lease of the tithes of a rectory be made at a certain rent, with a covenant that the lessee shall bring the rent to the rectory, and that the lessor shall thereupon abate him so much on each payment, this is no defalcation of the original rent, but a mere covenant for allowance. S. C. Yelv. 42. 47. Cro. Car. 207. 5 Cora. Dig. 427. Cowp. 56. If the King grant a rectory and all lands appertaining in the tenure of A. at such a rent, the last words refer to the rectory ag well as the lands; but if the rent be mistaken, the grant is void. Post. 48. S. C. Yelv. 48. 1 Lev. 40. 1 Vent. 368. 4 Com. Die. 387. '&ò 2 Hawk. P. C. 557. 1 Term Rep. 705. In what oases misprision of the rent will not avoid the lease. Post. 680. 6 Co. 65. Plowd. 191. b. 2 Co. 35. a. Cro. Car. 548. 10 Co. 113. a. Dyer, 292. 352. Cro. EKz. 114. Savil, 114. 11 Co. 4. Yelv. 41. 5 Co. 7. Ld. Ray. 50. 3 Com. Dig. 450, 451. If the King grant a rectory, " if it be not in lease, or if it be in lease from the end of the term," the grant is void. Yalv. 43. 48. 1 Co. 43. 2 Co. 54. Dyer, 352. 1 Ter. Rep. 229. Upon a special verdict the case was, that the Prior of Woubridge let the tithes of corn and h,y of the Rectory of Loppiugton, by indenture to J. S. for forty years, rendering four pounds per annum at the Annunciation and St. Michael. The lessee covenants to bring the rent to the prior's house ; the prior and convent covenant to abate him twenty pence at every day of payment, in respect of the portage. Afterward the lessee paid always 31. 16s. 8d. and retained 3s. 4d. The priory being dissolved, the Queen made a lease to the plaintiff of the Rectory of Loppington, and of all the tithes thereto appertaining; and of all messuages, lands, tenements, and hereditaments, in the tenure or occupation of the said J. S. sub annuaii reddiht 31. 16s. 8d. habendum, if no lease be in esse, from the date of the patent, for twenty-one years; and if any lease be in esse of the rectory, or any part thereof, then from the and of that lease for twenty-one years ; and afterwards sells the rectory, without mentioning this lease to the defendant: and, whether this second lease were good or not? was the question. First, it wa$ moved, whether this covenant to abate and deduct twenty pence upon every day of payment, being by the same indenture, be such a defalcation of the rent, as that it may be...
To continue reading
Request your trial
-
Jacob against Mills
...quoad the residue. English Reports Citation: 79 E.R. 294 IN THE KING'S BENCH.Courtney against Glanvil 294 EASTER TERM, 12 JAC. 1. IN B. R. CRO.JAC.34t, case 11. courtney against glanvil. The Court of King's Bench will grant a habeas corpus for the purpose of bailing and discharging a priso......
-
Courtney against Glanvil
...quoad the residue. English Reports Citation: 79 E.R. 294 IN THE KING'S BENCH.Courtney against Glanvil 294 EASTER TERM, 12 JAC. 1. IN B. R. CRO.JAC.34t, case 11. courtney against glanvil. The Court of King's Bench will grant a habeas corpus for the purpose of bailing and discharging a priso......
-
J. Condon, Appellant; J. Haynes, Respondent
...Case J. CONDON,Appellant; J. HAYNES, Respondent. Yielding v. Cavendish 2 Fur. Lan. & Ten., App., p. 1279. Mason v. ChambersENR Cro. Jac. 34. Davies v. Stacey 12 A. & E. 506. Gerrard v. Oƒ€™ReillyUNK 3 D. & War. 414. Lord Ashtown v. White 11 Ir. Law Rep. 400. Bowas v. Nixon 1......