Sir Edward Peto against Pemberton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 689
King's Bench Division
START . 101] hiiaky term. 3 Car. 1. In the Common Pleas. Sir Thomas Richardson, Knt., Chief Justice. Sir Richard Hutton, Knt., Sir Francis Harvey, Knt., Sir George Croke, Knt., Sir Henry Yelverton, Knt., Justices. Sir Robert Heath, Knt., Attorney General. Sir Richard Sheldon, Knt., Solicitor General. case 1. sik edwakd peto against pemberton. Michaelmas Term, 3 Car. 1. Roll A rent-charge for life is suspended by the acceptance of a lease for years of the land; and revives again by a surrender of the lease. Hetley, 50. 71. Hutton, 94. 4 Co. 52. Co. Lit. 313. a. Cowp. 482. Dougl. 50. 58. 1 Term Rep. 86. lu pleading the surrender of a lease, it is sufficient to say, the demise aforesaid. Plowd. 194. 2 Vent. 207. In pleading a surrender of a lease it need not be shewn that the lessor entered after the agreement to surrender; but the lessor's assent must be shewn. Post. 162. 1 Co. 52. b. 8 Co. 82. b. Co. Lit. 3. 2 Vent. 207. If the grantee for life of a rent accept a lease of the land from the reversioner. and the lease is afterwards surrendered, the rent revives. Ante, 83. Co. Lit. 338. Dougl. 50. Replevin. The defendant made cognizance as bailiff to Humphry Peto, because that Humphry Peto, his father, had granted a rent charge of 61. 13s. 4d. to him for his life, and for forty-six pounds rent arrear at the Annunciation prirno Jacttbi he distrained, and averred the life of the grantee. The plaintiff confesseth this grant; but that afterward this land so charged descended to the said Edward Peto, who let it to the said Humphry Peto for five hundred years, 1 April, 10 Jac. 1. and that the aaid Humphry Peto entered by virtue of the said lease for years, and was possessed ; et hoc,, &c. The defendant rejoins, that after this lease, and before any part of the rent was arcear, viz. 16 December, 16 Jac. 1. he surrendered dimissionem prcedictam of the said lands to the said Edward Peto, qui ad tune et ibidem thereto agreed ; et hoc, &t.. And hereupon the plaintiff demurred. First, it was objected, that the pleading of the surrender ditnissio-nis pnedidm, and not of the tenements, or of all his estate therein, was not good.-Sed non allocatur ; for the surrender of the lease implies all his estate and interest, and so it is intended ; and although the usual course is to plead surrender of the estate, yet it is all one, and so much is implied. 690 HILARY TERM, 3 CAR. 1. IN C...
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