Norman against Foster

JurisdictionEngland & Wales
Judgment Date01 January 1796
Date01 January 1796
CourtHigh Court

English Reports Citation: 86 E.R. 764

IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Norman against Foster

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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4 cases
  • Leonard v Taylor
    • Ireland
    • Queen's Bench Division (Ireland)
    • 22 April 1873
    ...Bench. LEONARD and TAYLOR. Norman v. FosterENR 1 Mod. 101. Gainsford v. GriffithENR 1 Saund. 58. Howel v. Thomas RichardsENR 11 East, 633. Smith v. ComptonENR 3 B. & Ad. 189. Tyrrell v. Clark 23 L. J. Ch. 283. Thompson v. Thompson I. R. 6 Eq. 113. Williams v. BurrellENR 1 C. B. 402. Stranks......
  • Buckly against Williams
    • United Kingdom
    • Court of Common Pleas
    • 1 January 1797
    ...315, 425, 444. 1 Rol. Ab. 430, pi. 14. 1 Roll. Rep. 397. 1 Ventris 184. 2 Ventris 61, 62. 1 Lev. 301. 2 Lev. 37, 194. 2 Saund. 178, 179. 1 Mod. 101. 2 Mod. 213. 3 Mod. 135. 5 Viner Ab. 167. Covenant upon articles, whereby the defendant covenanted, that the plaintiff should enjoy a close qui......
  • Spunner v Walsh
    • Ireland
    • Rolls Court (Ireland)
    • 24 May 1847
    ...Br. C. C. 494. Drewe v. Hanson 6 Ves. 675. Knatchbull v. GrueberENR 3 Mer. 124. Martin v. CotterUNK 8 Ir. Eq. Rep. 147. Norman v. FosterENR 1 Mod. 101. Waring v. HoggartENR Ry. & Mood. 39. Iggulden v. May 9 VEs. 325. Hayes v. BickerstaffENR Vaugh. 118. Smith v. Pocklington 1 Cr. & Jer. 445.......
  • Simons and Another v Farren
    • United Kingdom
    • Court of Common Pleas
    • 17 November 1834
    ...to 1 Mod. 294, where Twisden J. said, " it is sufficient to say that the party had a prior title; not a prior title to enter." And in 1 Mod. 101, Lord Hale said, " having title at the time " was sufficient. bosanquet J. I am of opinion that our judgment must be for the Plaintiffs. If the De......

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