Sawyer v Hardy

JurisdictionEngland & Wales
Judgment Date01 January 1682
Date01 January 1682
CourtCourt of the King's Bench

English Reports Citation: 79 E.R. 1208

King's Bench Division

Sawyer
and
Hardy

[99] michaelmas term, 37 & 38 eliz. sawyer versus hardy. 1. In an ejectione firmce, by Christopher Sawyer plaintiff, against Edmund Hardy òdefendant, for a messuage in S. Martins, upon a demurrer, the case was this. A lease was made of the said messuage to one Margaret Sawyer for 40 years, upon condition, that if the said Margaret should so long continue a widow, she should dwell and stay in the same messuage, the said Margaret continued a widow, and dwelt in the same house all her life, and died during the said term of 40 years, making the plaintiff her executor, and by award the plaintiff had judgment to recover: for by Popham, Gawdy and Clench, this now was no condition nor limitation, for it hath no certain conclusion upon the (that if) to wit, that then the term POPHAM, 100. GOODALE V. WYAT 1209 shall continue, or that she shall pay so much, or otherwise what the conclusion shall be, none can imagine: as if such a lease be made upon condition, that if the lessee does such a thing without other conclusion, it ia a good lease for 40 years, for none can imagine what the conclusion shall be in such a case, or that then the lease shall be void, of that he shall re-enter, or that the lessee shall forfeit so much, or what shall happen upon it, for which ineertainty it shall be taken as a void clause. But by Popham, if it had been sub conditione si tamdiu vixerit, it had been good to determine the...

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  • Goodale v Wyat
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1682
    ...E.R. 1209" class="content__heading content__heading--depth1"> English Reports Citation: 79 E.R. 1209 King's Bench goodale versus wyat. See this case Coke lib. 5. fol. 95, 96. by the name of Goodale's case. 2. In an ejectione firmce by Cuthbert Goodale plaintiff, against John Wyat defendant,......

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