Remington and Kingerby
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1658 |
| Date | 01 January 1658 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 485
UPPER BENCH COURT AT WESTMINSTER
remington and kingerby. Mich. 18 Car. Eot. 72. Error upon a judgement in an annuity in the Common Pleas. Eemington grants a rent out of certain lands to Fawne with a clause of distress, and a nomine pcense in the deed for the non payment thereof, according to the time lymited, the rant is behind after the time lymited by the nomine pcenas. Fawne bring* a writ of annuity in the Common Pleas for the arrerages of the annuity, and for the moneys due upon the nomine paenre, and hath judgement. Remington brings his writ of error in this Court to reverse this judgement, and assignes for error, that the writ of annuity did not lie for the nomine pcense, though it did for the rent, for 486 HILL. 21 CAR. STYLE, 8. though it was in the power, and election of Fawne to charge either the land out of which the rent was to issue with the rent behind by distress, and so to make it a rent charge, or else to bring his writ of annuity for it against Remington, and so to charge his person; yet he had no such power for the nomine pcense, because it was in the nature of a rent, and was necessarily to issue out of the land...
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