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Pit against Moor

Maclean & Robinson's Appeal Cases English Reports Cited authorities 3 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1729
Date01 January 1729
CourtCourt of the King's Bench

English Reports Citation: 84 E.R. 1193

COURTS OF KINGS BENCH

Pit against Moor

[153] pit against moor. entred pasc. 32 car. 2. Worcester. 2 Mod. 287. 1 Vent. 359. Skinner 28. Error on judgment in C. B. in ejectment, where on a special verdict the case was this; Thorneburgh late Bishop of Worcester seised of the manor of Granley in jure Ep'atus, whereof the copyhold lands in question were parcel, and then in the possession of Anne Pit for her life, granted the reversion thereof, as he might by the custom, to Dame Elizabeth Thorneborough, Richard and Katherine his children successively for their lives; Dame Elizabeth and Katherine died, Richard, in the time of the Rebellion, aurrendred into the hands of Corbet, then de facto lord of the manor, the said lands, ut inde facial voluntat' suam, Anne Pit being then living and continuing in possession. Corbet afterwards, at a court of the manor, granted the reversion of the lands for three lives successively, according to the custom of the manor, one of them yet living. After the King's restauration, Morley being legally Bishop of Worcester, entred into the manor, and made at a court of the manor a grant of the reversion of the lands to Pit, defendant in C. B. Habend'post mart' of Anne; Richard Thorneborough entred, and made the lease to plaintiff, and had judgment in C. B. And now on the writ of error it was argued, that the surrender of Richard extinguished his estate; for 1. It might be a disseisin of the manor, Lit. sect. 585, and a disseisor may take a surrender of a copyhold estate, Co. 1, fol. 140, Chudleigh's case, to the use of another, and by the same reason to the use of the lord, and therefore the reversion is merged; and there is no reason in equity that he should hold against his surrender, as if tenant for years release to the disseisor, the term is extinct, 1 Inat. 276 a. A disseisor also may endow without covin and attorn to the grant of a rent-charge in esse, 1 Inst. 311, and a release to the disseisor by the grantee of a rent-charge is good, and the...

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