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Sacheveral against Frogat

Nominate Series English Reports Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1793
Date01 January 1793
CourtCourt of the King's Bench

English Reports Citation: 83 E.R. 430

COURT OF KING'S BENCH

Sacheveral against Frogat

sacheveral against frogat. Ancestor leases, rendering rent to him and his executors, the heir may bring debt for this rent. S. C. 2 Saund. 367. 1 Vent. 148, 161. Kaym. 218. 2 Keb. 798, 819, 833, 839. Debt for rent by the heir, upon a lease from his ancestor, rendering rent to him, his executors and assigns, during the term; and upon demurrer the question was, if the heir may maintain an action of debt upon this lease 1 It was argued for the defendant, that the action lay not for the heir, being not mentioned in the reservation, and that by the death of the lessor, the rent determined ; for which they cited Owen 9, Hichmon against Butler, Latch 44, 255, 264, Su/ry against Cole. But on the other side for the plaintiff' were cited, Pasch. 22 Jac. Rot. 62, Su/ry against Cole, & Hill. 20 Jac. Rot. 177, Sury against Brown, and both adjudged that the rent continues; contrary to what opinion is reported by Rolle and Latch in those very cases. Hale Chief Justice, The rent being reserved to him, his executors and assigns, the rent must continue after the death of the lessor, and go to his heir, upon his apparent intent to...

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