Pennington and Others v Cardale and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 July 1858 |
| Date | 01 July 1858 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 631
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 27 L. J. Ex. 438; 6 W. R. 837. Disapproved, Governors of Magdalen Hospital v. Knotts, 1879, 4 A C 334.
pennengton and others -v. cardalh and others. July 1,1858 -Leases granted by deans and chapters for long terms of years, not in conformity with the disabling and restraining statutes, are not void but voidable only.-P., a lessee, being in possession, and the dean and chapter of C being possessed of the reversion expectant upon his term, of the manor of W, in June 1786 granted certain building leases for 99 years, from Michaelmas 1786, of certain premises, part of the manor, at severed yearly rents of 141, payable to the dean and chapter and P. respectively. Rent was regularly paid to and accepted by successive deans down to 1856 In 1849, on the surrender by the plaintiffs of the existing lease of the manor, the dean and chapter re-demised the manoi for 21 years to the plaintiffs, "except and reserved out of this demise unto the said dean and chapter and their successors, all such rents and sums of money and other right and interest, benefit and advantage, which hath been or are, or shall be reserved (b) See The Bartonshill Goal Company v, Reid, 3 Macqueen, 266. 632 PENN1NGTON V. CARDALE 3H&N 657. to them in and by any building leases for long terms of years of any part of the several lands and tenements hereby demised," &c " to have, hold, occupy and enjoy the site and courtlodge and all other the premises with the appuitenances, except as before excepted, and subject to the building leases." Held, that the demise to plaintiffs was subject to all leases de facto gianted, and that the plaintiffs did not acquire any right to avoid the building lease of 1786 -Semble, that the premises comprised in the building lease of 1786 were excepted out of the lease of 1849 |S. C. 27 L. J. Ex. 438 ; 6 W. ft. 837. Disapproved, Governors oj Magdalen Hospital v. Knotty 1879, 4 A C 334.] Ejectment to recovei possession of a house and piece of land in St. Mary, Newingtou, paicel of the manor of Walworth. At the trial a verdict was taken for the plaintiff, subject to the opinion of the Court on a special case to be settled by an arbitratoi. The case was in substance as follows:- At the time of the making the lease next mentioned, the Dean and Chapter of Canterbury were seized in fee of the mauoi of Walworth By lease of the 27th of June, 1771, [657] the Dean and Chapter demised to H Penton the manor of Wai worth, including the property claimed in this action, for 21 years, at the rent of 281. 8s 4d., payable half yearly. Aii act of parliament was passed in 1774 entitled " An Act for enabling the Dean and Chapter of Canterbury, H. Penton and T Brandon to grant building leases, pursuant to two several agreements entered into for that purpose." After reciting the lease of June 1771, an agreement dated the 23rd of February, 1773, between the Deau and Chapter and H. Penton, a lease, dated November, 1773, from the Dean aud Chapter to Thomas Brandon of other portions of their property at Newmgton not included in the lease to H. Penton, and an agreement between the Dean and Chapter and Thomas Brandon, dated the 3rd of December, 1773 and that it was desirable that the agreements should be carried into effect, which by reason of the disabling statutes passed in the reign of Queen Elizabeth could not be done ò the Act provides that from May, 1774, the agreements should be confirmed , and that it should be lawful for the Dean and Chapter and their successors, and the said H. Peutour his executors, administrators and assigns jointly, and also for the said Dean and Chapter arid their successors, and the said T. Brandon, his executors, admiaistrators and assigns jointly, and they severally were empowered, notwithstanding any statutes then in force, from time to time by indenture to make any leases of all or any part of the lands, &c., to Penton and Brandon respectively demised, to any person or pet sons for any term of years not exceeding 99, to take effect in possession and not in reversion or remainder or by way of future interest, for the purpose of making any new buildings, &c., at the best and most improved yearly rent, &c., without taking any fine or sum of money, &c, for the making of such lease, and so as the rent be reserved quarterly, and that one [658] moiety of the rent to be reserved in respect of the premises so denused to H. Penton or any part thereof, durrag the continuance of the term to be granted of the said premises, be made payable to the Dean and Chapter and their successors, and that the other moiety of the rent to be reserved in respect of the said premises so demised to H. Pentori be leserred to H. Penton, his executors, &c. The Act then contains similar provisions as to the reservation of rents rn leases to be granted by the Dean and Chapter and Thomas Brandon, of portions of the land comprised in his demise. Then follow certarn restrictions as to all leases to be granted under the Act, namely " and so as all and every such lease &c. be under the following restrictions, that is to say, that no such lease shall be vaiid unless there shall be therern contained a condition of re-entry on non-payment of the rent, and unless the lessee to whom such lease shall...
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Hughes v Palmer and Others
...to re-enter in order to take advantage of the forfeiture, and that he waived it by a subsequent receipt of rent. Penninglon v. Cardale, 3 Hurlst. & N. 656, is an authority to the same effect. It was there hold that leases granted by deans and chapters for. long terms of years, uot in confor......