Swyft, Subchantor, and One of the Vicars Choral of Litchfield, against Eyres and Others, Lessees of Sir Edward Peto
| 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. 1070
IN THE KING'S BENCH.
[546] trinity term. 15 Car. 1. In the King's Bench. Sir John Brampston, Knt., Chief Justice. Sir William Jones, Knt., Sir George Croke, Knt., Sir Robert Berkley, Knt., Justices. Sir John Banks, Knt., Attorney General. Sir Edward Littleton, Knt., Solicitor General. case 1. swyft, Subchantor, and one of the vicars choral of litchfield, against eyres and others, Lessees of Sir Edward Peto. Trinity Term, 12 Car. 1. Roll The grant of a remainder or reversion to commence in fuhiro, is not good. Ante, 362. March. 31. Jones, 435. 1 Roll. 828. 2 Roll. 52. 3. A lease of "all that glebe land lying in A. viz. seventy-eight acres of land, and also all the tithes of the said seventy-eight acres, all which lately were in the ferm or occupation of B." is sufficiently certain to pass the tithes, although they never were in the occupation of B.; for the words "all which were lately, &c." shall be taken as an explanation, and not as a restriction. Debt upon the statute 2 Edw. 6. c. . for not setting forth the tithes of one hundred and forty acres of lands in Chesterton, whereof the said subchantor and vicar were proprietors, before they carried away their corn, for which the plaintiff demands the treble value, viz. one hundred arid thirty-five pounds. Upon non debet pleaded, it was found by special verdict, that the subchantor and vicars choral of Litchfield, being seised in fee of the Rectory appropriate of Chesterton, within which the said one hundred and forty acres of land lay and were parcel, in the twenty-ninth year of Henry the Eighth, by indenture demised and let to John Peta the tithes of the rectory for forty-two years (with an exception of the privy tithes the four offering days, and the tithes of a meadow called the Parson's Hay, and the presentation to the Vicarage of Chesterton), rendering 51. 16s. 8cl.: and that afterwards, by indenture tripartite, dated 26 February, 5 Edw. 6. betwixt the subchantor and vicars on the first part, Richard Woodward of the second part, and John Woodward, father of the said Richard Woodward, on the third part, reciting the said lease. of 29 Hen. 8. and that the said John Woodward had bought the said lease of the said John Peto, they confirmed and ratified the said lease; and further, for a great sum of money to them paid, &c. demised and granted to the...
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