Rawlyns's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1598 |
| Date | 01 January 1598 |
| Court | Court of the King's Bench |
English Reports Citation: 76 E.R. 1007
IN THE KING'S BENCH.
See Edwards v. Wickwar, 1866, L. R. 1 Eq. 404.
4 CO. REP. S2a. RAWLYNS'S CASE 1007" [52 a] bawlyns's case. Mich. 29 & 30 Eliz. In the King's Bench. [See Edwards v. Wickwar, 1866, L. B. 1 Eq. 404.] C. being possessed of a house for 30 years, of all in possession except a stable, whereof W. was possessed for two years, assigns all his interest to B.; and afterwards by deed indented, demised the stable to W. for six years after the end of the two years ; and afterwards B. redemises to C. by deed indented, all the house for 21 years in Consideration of 251., reserving a rent payable quarterly, and 51. quarterly until the said 251. should be paid, with a condition of re-entry in case the said sum of 251. or the said rent was in arrear; and upon the indenture of redemiso was indorsed an agreement, that W. should have the stable according to the demise to him made. Afterwards C. demises the stable to 14. for 10 years. B. never entered into the ' stable, but W. always continued in possession of it, and W. never attorned afterwards : the condition is broken, and held upon special verdict that B. might well enter. Besolved, 1. That the special verdict might be amended by the note, three terms after the entry. 2. That the condition was entire, and therefore the suspension of part is the suspension of the whole. 3. That if lessor makes a lease reserving rent, and afterwards accepts a demise of part of the premises so demised by him, such demise conferring a present interest, the rent is suspended, and that although the lessor does not enter. 4. The lease of C. to W. for six years by indenture is good by conclusion; also B. is concluded by the redemise to him of the stable by C. : but the lease to B. takes effect as a future interest, and therefore does not suspend the condition. Otherwise, if there had been an attorn men t. 5. An estoppel being found by verdict, the Court ought to judge upon the special matter according to law. 6. Lessee for 20 years leases for two years, and grants his interest to another this without attornment is the grant of a future interest, with attornment it is the grant of the reversion. 7. If lessee for 20 years leases part for two years, and afterwards the whole to another for 10 years rendering rent, so that this enures aa a lease in reversion for the part in lease, and a lease in possession for the residue, the rent shall issue out of the whole. If an infant plaintiff be admitted by guardian, and no record thereof made, but only recited in the count, it is not error. *If a man accepts a lease for years by deed indented of his own land, the estoppel ends with the lease, and then both parts of the indenture belong to the lessor.* [4 Leon. 116. Golds. 89. 93. Jenk. 254.] S. C. Between Bawlyns and Somerford the case in effect as it was found upon special verdict upon not guilty pleaded in ejections firmw, for an house called the Ship without Temple-bar, was such ; Peter Cartwright being possessed of the said house for 30 years, of all in possession, except a stable whereof one Warlow was possessed for two years, assigned all his interest to Bawlyns; and afterwards Cartwright by deed indented demised the said stable to Warlow, for six years after the said two years ended : and afterwards Bawlyns by deed indented in consideration of 251. fine to be paid, redemised all the house to Cartwright for 21 years, rendering to him 241. per annum quarterly, and 51. quarterly at the same feasts until the said 251. were paid ; upon condition, that if the said sum of 251. or the said rent was arrear at any feast, &c. that then it should be lawful for Bawlyns to re-enter ; and upon the back of the said indenture of redemise was indorsed in this manner, " Memorand' it was agreed between the parties before the sealing and delivery hereof, that Warlow shall have the said stable according to the said demise to him made." And afterwards, and before any day of payment, Cartwright redemised the said stable, which then was in possession of Warlow, by force or colour of the lease for six years made to Warlow, 1008 RAWLYNS'S CASE 4 CO. REP. S2 to. to the said Rawlyns for ten years ; and afterwards the rent was arrear and lawfully demanded, and also the 51. parcel of the sum in gross was also not paid; and Eawlyns never entered into the stable, but Warlow always continued in possession of it, and Warlow never attorned to any of the lessees ; and if the entry of Rawlyns for the condition broke was lawful or not was the question 1 And after many arguments at the Bar and Bench, now in this term it was adjudged, that the entry of Rawlyns for the condition [52 b] broke was lawful. And in this case seven points were unanimously resolved by Sir Christ. Wray, C. Justice, Sir T. Gawdy, " and the whole Court." 1. Whereas the verdict was entered three terms past, and in the entry thereof in the roll the said demise made by...
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