Pettison v Elwaies
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1826 |
| Date | 01 January 1826 |
| Court | High Court |
English Reports Citation: 89 E.R. 366
THE COURTS OF KING'S BENCH AND COMMON PLEAS
case 666. pettison v. elwaies. S. C. Skinner, 31, 36. 2 Show. 193. Semb. a lease for years by a jointress in tail is not void by stat. 11 Hen. 7, c. 20. Semb. aliter, if created by fine. A feme jointress in tail, having issue by her husband two daughters, the said daughters levy a fine in order to sell the reversion, and after the mother makes a lease for sixty years (a). The question was, whether this lease was void within the statute of 11 H. 7 ; for if the lease be not to be avoided by that statute, it will be good against the iasue in tail and the reversioner; for if tenant in tail make a lease for years, and the issue in tail levy a fine, this hath made good the lease of the tenant in tail. [Post, C. 677.] But it was argued, that a lease for years is not within the meaning of the statute, unless it be by a fine sur mncessil; because the issue in tail or the remainder-man may avoid that without the help of the statute, unless he doth any act to corroborate it; and it cannot be intended, that the statute intended to provide remedy where it was (a) Ace. Free. Chan. 185. 2 Chan. Ca. 109. Jones v. Lake, 2 Atk. 177 (ri). 2 Ves. Senr. 458. 1 Ves. Junr. 14. 1 Fonb. Treat, of Eq. 196, n. (a) See Wigston v. Garret, ante, p. 411-2. (b) The Court of K. B. adjudged the fine to be an extinguishment of the power; but the judgment was reversed in the Exchequer Chamber. Garth. 22. See Tomlin- son v. Dighton, 1 P. Will. 168. Hawkins v. Kemp, 3 East, 428. Doe v. WTiitehead, 2 Burr. 704. 16 Viner, 494. 5 Cruise's Dig. 215-6, 2d edit...
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Sir John Williams's Case
...pleads as to two quarters, and saith nothing to the other three. Judgment shall be against him for the whole. English Reports Citation: 89 E.R. 366 THE COURTS OF KING'S BENCH AND COMMON PLEASSir John Williams's Case de term. pascile, 1682. in banco regis. case 665. sir john williams's case......