Richmonds Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 861
King's Bench Division
Debt for Rent.
did scale a bond and delivered it to the plaintiff as their deed: and after issue joyned, and before the Nisi Prins the scale of Andrews was taken from the bond. Shuttleworth, The plaintiff shall be barred, for it is one entire deed, and the scale of one is wanting. And admit (in ease it goes against us) the judgment be reversed by writ of error, the plaintiff en no action on such bond : but it was adjudged to he a good bond; and judgment for the plaintiff. See the like ease in Dyer, Trio. 36 H. S. 59. A. HiLiautt 33 ELIZ, 1i COM:. BAN. Rot. 1315. 1cona CAsn. Dtbl for Rent. Richmond brought an action of debt against Butcher, the case was; A man makes a lease for years, reserving rent to him and his executors and assignes, and during the terine the lessor dies, and his heire, who bath the reversion, brings an action of debt,. And it was urged, that the rent was incident to the reversion, and the heire having the reversion shall have the rent also as incident to it, as the case is in the 27 IL 8. 16. If H. makes a lease. for years, rewiring rent, without saying any more words, the heire. shall have this part, because it shall go along with the reversion : SC) iu the fifth of Edw. 4. 4. If two joynt-teriauts make a lease for years, rewiring rent to one of them, yet the other shall have the rent also, although no mention were made of so in the 7 H. 4. 223. By the Court, If I make a feoffment in fee, rewiring a vent to me, my heires may distraine : and if I grant over this rent, my assignees in this case may distraine and avow : so in this case an action will lye for the heire, although he be not mentioned. But adjudged to the contrary by the Court; for when passeth lands from himself, the law gives him liberty to passe them in such way and manner as he himself will, and this liberty ought to take effect according to the expresse words, for the law will not extend the words further, for the intent shall appear*: by the words, and then it cannot be here intended that his will was that his helm shall have the rent, because the words are not sufficient to give it to his heire and therefore note a diversity when the law makes a tenure, and when the party ; for if the law makes a tenure, the heire shall have the rent : but otherwise where the party makes it, uniesse there be expresse won Is for the helve, as in 10 Edw. 4. IP. by Moile, if H. makes a gift in T. and reserves...
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