Randall v Rigby
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1838 |
| Date | 01 January 1838 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 1372
EXCH. OF PLEAS.
S. C. 6 Dowl. P. C. 650; 1 H. & H. 231; 7 L. J. Ex. 240.
liANDALL v. eigby. Exch. of Pleas. 1838.-Lands were enfeoffed to R. H. and the j^,defendant, to the use, intent, and purpose that the plaintiff, his heirs and assigns ;. for ever, should receive and take out of the lands a yearly rent of (!3l. payable half yearly : and the defendant covenanted with the plaintiff that ti. [I. and the defendant, their executors, &c., or some or one of them, would pay or cause to be paid to the plaintiff, his heirs and assigns, the said yearly rent at the terms appointed for1 payment thereof:-Held, that the plaintiff could not sue the defendant in debt for arrears of the annuity. [S. C. 6 Dowl. P. C. G50; 1 H. & H. 231; 7 L. J. Ex. 240.] : The declaration stated that heretofore, to wit, on the 17th of October1, 1837, in and by a certain indenture then made between the plaintiff of the first part, William Brookes of the second part, and Richard Ilollins and the defendant of the third part, the counterpart of which, &c., certain land and premises were granted, bargained, sold, aliened, enfeoffed, and confirmed unto the said Richard Hollins and the defendant, their heirs and assigns, to hold the same unto the said Richard Hollins and the 4M.&W.131. RANDALL V. RIGBY 1-373 defendant, and their heirs, to the use, intent, and purpose that the plaintiff, his heirs and assigns for ever, should and might, out of the said land and dwelling-houses, and other buildings erected thereupon, with the appurtenances, receive and take one clear yearly rent or sum of 631. of lawful money of Great Britain, to be payable half-yearly, free from all deductions whatsoever; and to the further uses, intents, and purposes in the said indenture mentioned: and the said defendant did by the said indenture, for himself and his heirs, executors, administrators, and assigns, covenant, promise, and:agree with and to the plaintiff, his heirs and assigns, that they the said Richard Hollins aud the defendant, their heirs, executors, administrators, and [131] assigns, or some or one of them, should or would for ever thereafter well and truly pay or cause to he paid unto the plaintiff', his heirs and assigns, the said yearly rent of 631. by the said indenture limited in use to him or them, on the days and times thereinbefore appointed for payment thereof, and hereinbefore mentioned, without any deduction or abatement whatsoever...
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