Richmond against Butcher
Jurisdiction | England & Wales |
Year | 1653 |
Date | 1653 |
Court | Court of the Queen's Bench |
English Reports Citation: 78 E.R. 473
IN THE QUEEN'S BENCH.
case 17. richmond against butcher. Hilary Term, 33 Eliz. Eoll 315. Tenant in fee makes a lease for years rendering rent during the term to him, his executors and assigns, the heir shall not have the rent. Post. 832. -2Ro. Ab. 450. S. vid. Lat. 99. 1 And. 361. 12 Co. 35. Eoll. 613/635. Jones, 309. Noy, 96. Cro. Jac. 290. 5 Co. 111. Cro. Car. 289. Lat. 255. 264. 2 Saund. 370. Owen, 9. Co. Lit. 47. a. note (8) 5 Com. Dig. 423. Replevin. Upon demurrer the case was, John Colvell was seised in fee, and let the land for twenty-one years, rendering twenty shillings rent during the term, to him, his executors and assigns, and dieth. The defendant, as servant to his heir, for rent behind after the death of the lessor, distraineth ; and after argument it was adjudged, that the heir shall not have the rent; for it being reserved to the lessor, his executors and assigns, and the heir being none of them, he cannot have it. 27 Hen. 8. pi. 15. (a) Vide Wright v. Cartimight, 1 Burr. 284. where Lord Mansfield controverts the propriety of Anderson's reasoning in...
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