Sir George Farmer and Brooks Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1687 |
| Date | 01 January 1687 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 132
IN THE KINGS BENCH.
Prescription. Grant of the King void.
Essex) upon the Feasts of the Annunciation of our Lady and St. Michael, or within twelve days after either of the said feasts, by even portions, upon condition, that if the said rent or any part thereof be unpaid by the said space of twelve days, proxime post aligned festorum vel dierum solutionis inde, that then it should be lawful for the lessor to re-enter. T. assigned his interest to Bustard the defendant, at Michaelmas the rent is behind, and the twelfth day after the lessor demanded the rent at the Temple Church, and for not payment thereof re-entered. Towse, The re-entry of the lessor was not lawful, for by the said reservation the rent was not due until the twelfth day after Michaelmas, for before that he cannot have an action of debt, or distrein for it ; and these words (dierum solutionis) are greatly material, for conditions are odious in law, and if the words thereof he doubtful, they shall be construed for the avail of him who is bound by it. As in the case of 28 IL 8. 17. If I be bound to you upon condition, to pay to you before the Feast of St. Thomas twenty pounds, if there be in one year two Feasts of St. Thomas, the latter feast shall be my day of payment. Wray, This rent is not due until the last day of the twelve days, for neither debt or distress lieth for it, then the clay of payment mentioned in the condition ought to be the last day of the last twelve days, and diet. spatiuin shall be construed the same number of days, and not the same days. And at last it was resolved and adjudged, that the entry of the lessor was not congeable, but he ought to expect the latter day of the twelve days. 10 Co. 129. Dyer 142. 4 Len. 91, TRIM. 31. ELIZ. IN THE K [NOS BENCH. CXCIX. SIR GEORGE FARMER AND BROOKS CASE. Prescription. Grant of the King void. In an action upon the case the plaintiff declared, that time out of mind, &c. there had been a manor called Tocester, and also there had been there a town called Tocester, and that all the messuages, lands and tenements within the said town had been holden of the said manor, and that he is lord of the said manor, and that he, and all those whose estate he bath in the said manor, have used to have a bake-house, and a baker, to bake white bread and house bread for all the inhabitants and passengers there,. which bread bath been of a reasonable assize and price, and...
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