Rivis v Watson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1839 |
| Date | 01 January 1839 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 109
EXCH. OF PLEAS.
S. C. 9 L. J. Ex. 67.
RlVia v. watson. Exeh. of Pleas. 1839.-A rent-charge may be divided by will, or by deed operating under the Statute of Uses, so as to make the tenant liable, without attornmeut, to several distresses by the devisees or cestuis que use.- And semble, since the statute 4 Anne, c. Ifi, s. 9, a rent-charge may be so divided by a conveyance of any kind. [S. C. 9 L. J. Ex. 67.] Trespass for breaking and entering a close of the plaintiff called the (xarth, situate at Market Weighton, in the county of York, and spoiling the grass, &c, &c., and seizing and carrying away, &c., two haystacks of the plain-[256]-tiff. The defendant pleaded, first, not guilty, on which issue was joined : secondly, as to all the trespasses, except the currying away and converting the haystacks, actioneni noti; because the delendant says, that before and at the time of the making of the indenture of bargain and sale hereinafter next mentioned, Francis Lord Hawley, Sir Charles Harbonl, Sir William Haward, Sir John Talbot, Sir Robert Stewart, and William Harbord, were, in accordance with the provisions of two aete of Parliament,-the one made and passed in the 22nd Car. 2, intituled "An Act for advancing the sale of fee-farm rents and other rents," and the other made and passed in the 22nd & 23rd Car. II., intituled, " An Act for vesting certain fee-farm rents and other small rents in trustees,"- seized in their demesne as of fee of and in a certain annual or fee-farm rent of 34|. Us. 2^rd,, reserved, issuing, and payable out of and for all that manor of Wpigbton tlijderwold, in the said county of York, with its rights, members, and appurtenances, payable at &c., with power, right, and authority to them the said Francis Lord Hawley, &c., to take a distress or distresses in and upon the said manor, and every part thereof, for the said annual or fee-farm rent, and for such part or parts thereof as from time to time should be in arrear and unpaid; the same power, right, and authority having heretofore, and before the date atid making of certain letters patent by his said late Majesty (Chas. II.), to them the said Francis Lord Hawley, &c., of (amongst other things), the said annual or fee-farm rent, pertained, together with the said rent, to his said late Majesty. The plea then proceeded to set forth the following deeds, &c. deducing the title to the fee-farm rent:- 20th & 21:st December, 1671. Indentures of lease and release between the above-named trustees of the one part, and Erasmus Smith of the other part, whereby, in consideration-of 61791. 5s. 3id., the trustees, in pursuance of the above acts of Parliament, and in obedience to an order of [257] the Lords Commissioners of the Treasury, granted the rent to the said Erasmus Smith in fee: 9th May, 1690. Will of the said Erasmus Smith, whereby he devised the rent toihis five younger sons, Samuel Smith, Hugh Smith, fioger Smith, Montague Smith, and Henry Smith, severally, and to the heirs of their several bodies, subject to a proviso that if any of them should die without such issue, the share, portion, and interest of the son so dying should go to the survivor or survivors of them, and the heirs of their or his respective bodies or body : 110 RIVIS V. WAT8ON 5M.&W.258. 1st September, 1691. The said Erasmus Smith died seised of the said rent, without altering the said devise thereof, leaving his said five younger sous him surviving, whereof they became seised of the rent as tenants in tail as aforesaid : 1st December, 1(191. Death of fioger Smith without issue : 3rd and 4th June, 1721. Indentures of lease and release between the said Samuel Smith and Hugh Smith of the one part, and Thomas Fell of the other part, whereby they granted to Fell their two fourths of the rent in fee, to the intent that he might become tenant to the praicipe for the purpose of suffering a recovery thereof, to enure to the use of the said Samuel Smith and Hugh Smith, as tenants in common in fee : Triii. Term, 10th Geo. I. Recovery suffered, accordingly. The plea then proceeded to deduce the title to these two fourth parts of the rent, through several other settlements and wills, until they became vested in John Smith Barry for life : it then averred that the said two fourth parts of the said rent were duly answered and paid for the space of three years, within the space of twenty years next before the first day of the session of Parliament of the Hrst year of George the Second, 1727 : and that the said close in which, &c., in the first count of the declaration mentioned, during all [258] the time in the plea aforesaid and in the declaration mentioned, was and is part and parcel of the said manor of Weighton Underwold, in the county of York: and because at the said time when &c., in the declaration mentioned, there was due and in arrear to the said J. S. Barry, the sum of 431. 4s. of the aairl two fourth parts of the said rent, for three years next before Lady day then past, the defendant, by his authority and command &c., [justifying the trespasses as tiailitf of the said John Smith Barry, as a distress for arrears of the rent due to him]. Verification. There were other pleas which, in like manner, deduced the title (subsequent to the death of Roger Smith), to the other two undivided fourth parts of the same rent, and justified the trespasses under the parties respectively entitled thereto. To each of these special pleas the plaintiff demurred specially. The points of demurrer stated were (amongst others), that the pleas do not any of them shew the nature and origin of the fee-farm rent in the pleas mentioned, nor the commencement of the title...
To continue reading
Request your trial
-
Thursby and Others v Plant
...the demise was by parol: his proper remedy is by an action of debt for rent on the demise. 3 M. & W. 605, Mortimer v. Pi'eedi].~\ (h) [5 M. & W. 255, Rivis v. Watson.] 260 THURSBY V. PLANT 1 WMS. SAUND. 23S. the said rent, for the half of one year ended on the Feast of St. Michael the Archa......
-
John Ownes against Emma Wynne and Thomas Jones
...(1 Burr. 579, 589) is relied on as shewing that an entire duty shall [583] not be split.] That is not consistent with Rivis v. Watson (5 M. & W. 255). Welsby, contra, was not called upon to argue. Lord Campbell C.J. In this case the avowant may, as is suggested, have been actuated by the ve......
-
Thomas Henry Cooper, Appellant, Arthur Ashfield, Respondent
...of such a certain sum, which amounts to a moiety, but the demand must be de nna mediatate of the whole rent," Ac, In Rivis v. Watson, 5 M. & W. 255, it waa held that a rent-charge may be divided by will, or by deed operating under the statute of uses, so as to make the tenant liable, withou......
-
George Ransley White and Sarah Elizabeth his Wife, and Robert King Cross and Lilla Philipps his Wife, Appellants; William Greenish, Respondent
...of a rent-service; b'ut that was got rid of by the statute 4 Anne, c. 16, s. 9, which dispensed with attoiinment; and in Rivis v. Watmn, 5 M. & W. 255, it was held by the court of Excheo|uer that in such a case the assignee of the owner of a portion of the rent-service was equally entitled ......