Norman against Foster
Jurisdiction | England & Wales |
Judgment Date | 01 January 1796 |
Date | 01 January 1796 |
Court | High Court |
English Reports Citation: 86 E.R. 764
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
764 MICHAELMAS TERM, 25 CAR. 2. IN B. B. 1 MOD. 102. case 6. norman against foster. Trinity Term, 25 Car. 2, Roll 436. On a covenant for quiet enjoyment, a breach that a stranger entered claiming title, without shewing the kind of title under which he claimed, is bad.-S. C. 3 Keb. 246. Ante, 66. Post, 290. 2 Danv. 50. 3 Leon. 4 . Cro. Jac. 315, 319, 425, 444. 4 Co. 80. 1 Eoll. Abr. 430. Vaugh. 118. 1 Lev. 301. 2 Lev. 37, 194. 3 Lev. 325. 1 Saund. 60. 2 Saund. 177, 181. 2 Mod. 213. 3 Mod. 135. 8 Mod. 318. 10 Mod. 143, 384, 158. Cornyns, 230. 2 Show. 425. 1 Stra. 400. Dougl. 43. 1 Term Rep. 671. 3 Term Rep. 584. An action of debt upon a bond to perform covenants in an indenture of lease ; one covenant is for quiet enjoyment: and the plaintiff assigns for breach, that a stranger entered claiming title, but does not say what title he had. Hale, Chief Justice. Habens tilulum at that time, would have done your business. My Lord Dyer's case(a) is, that another entered claiming an interest; but that is not enough ; for he may claim under the lessee himself. He mentioned the cases in Moor, 861, and Hob. 34, of Tif.di.ile, v. Essex. If the covenant had been to save him harmless against all lawful and unlawful titles, yet it must appear, that he that entered did not claim under the lessee himself.-Hale. If I covenant that I have a lawful right to grant, and that you shall enjoy...
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