Smith v Sir John Boucher
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of Common Pleas |
English Reports Citation: 123 E.R. 1080
THE COMMON PLEAS
[33] thin. 17 jacobi. smith versus sir john boucher. Mich. 16 Jac. Rot. 3339. Annuity. Hob. 248. London 1. Edward Smith brought a writ of annuity against Sir John Boucher, and Thomas Jones de placito quod red. ei 1201. and count that the defendants by their deed (shewn in Court) reciting that whereas the King (by his letters patents) had granted to them, and to one William Turner certaiu priviledges and licenses concerning the making of alloru within this realm, and within the realm of Ireland for twenty seven years, for the councel given before by him to the defendant (he being counsellor at law) concerning the drawing of the letters patents : and for his councel to be given afterwards, granted to him the said annual sum of 401. for 26 years next, payable at Midsomer and Christmas. The defendant plead that the King granted the sole making of allom to them, as in the letters patents, and confess the grant of the annuity to the plaintiff by deed indented, one part whereof sealed with the seal of the plaintiff they shew,' &c. But further said, that the said annuity was granted percipend. extra clara lucra & prosicua, which accrue to them by the making of allom : and they aver, that no clear gains or profits have accrued to them, or any of them by making of allom, since the making of the said indenture, whereupon the plaintiff demur. 1. And judgment was given for the plaintiff, for it is one good grant of an annuity to charge their persons : and so of a grant of an annuity to be paid out of such coffers or bags, vide 9 H. 6, Margery Parkers case, vide 22 H. 6, 12. 2. Also the limitation is to perceive of the clear gains, and plead it by the counter- BUTTON, 3t ADAMS V. FLEMMING 1081 part of the...
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