Sacheverel v Frogate
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of the King's Bench |
English Reports Citation: 86 E.R. 101
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
sacheverel versus frogate. Posted 161. 2 Saund. 367. Kaym. 213. 2 Keb. 798, 819, &c. 2 Lev. 13. Antea 126. In covenant the plaintiff declares, that Jacinth Sacheverel was seized in fee, and demised to the defendant certain lands for 21 years, rendering to him, his executors, administrators and assigns 1201. annually during the term: by force of which lease the defendant entred, and that J. S. devised the reversion to the plaintiff, and died ; and for non-payment of rent accrued since his death he brought the action, and to this declaration the defendant demurred. And it was argued by Wilmington, that the rent determined by the death of the lessor, as where the lessor reserves the rent only to himself, 1 E. 4, 18. 27 H. 8, 19. Dyer 45. Com. 171 ; the heir shall not have it; for reservations are taken strongliest against the lessor ; so where the reservation is to the lessor, his executors and assigns, it continues but for his life. 1 Co. Lit. 47 a. Tis true, here is also added durante termino; and in Mallory's case, 5 Co. where the reservation was to the abbot, or his successors during the term, it went to the successor ; but that was because they expounded the word, OR, as a conjunctive, for if successor had been left out, I suppose it would have been resolved otherwise, Pdchmond and But/tier's case, 1 Cro. 217, is in point, that the heir shall not have it. So 2 Roll. 451, and Doderidge gives the reason, that the party by his words has abridg'd what otherwise the law would make; and so it is held in Bland and Inman's case, 3 Cro. 288; where a man possessed of a term for 100 years, did join in a lease with his wife, solvenclo so much rent during the term to him and his wife, and the survivor of them; that the executors should not have this rent. Hunt contra. In the reservation of a rent, there is no deed of words of limitation : if the words are yielding and paying generally, without saying to whom, it is a good reservation to all those to whom the reversion shall come; so if two joint-tenants reserve a rent generally, it ia good to both. Here are sufficient words to declare the intent that the rent should continue, and then they shall not be restrained by any affirmative words after ; and where executors, administrators and assigns are named, that shall be taken as an enumeration of some particulars, without any intent to exclude others; as...
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