Symonds and Cudmore; Puis
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 128
IN THE COURT OF KING'S BENCH
See S. C. Carth. 257.
3. symonds and cudhore; Puis. [See S. C. Garth. 257.] Upon a special verdict in ejectment the case was such in effect: The father tenant for life, with power to make leases for twenty-one years, three lives, or ninety-nine years determinable upon three lives, remainder to his son in tail, remainder to the father and his heirs; the father leases for twenty-one years, rendring 81. per ami. and dies; the son being tenant in tail, leases to J. S. for twenty-one years, to commence after the determination of the former term, rendring 10s. per aim. and dies during the first term having issue; the issue after the death of his father levies a fine, and declares the use to himself in fee ; the first term ended, the second lessee enters, upon whom the issue enters, and the lessee brought the action; and if it was well brought was the question. Agreed first, that the second lease was not warranted by 32 H. 8, or any power within the first settlement; so that the only question which remains was, if a lease for years made by tenant in tail to commence in futuro, and the lessor dies before the commencement, and the issue in tail [there being a prior lease in esse, so that he could not enter] levies a fine to the use of himself in fee; if after this fine he might avoid this future lease, and enter upon the tenant, when it commences in possession was the question. And It was argued that the issue might enter, for this being a future interest, the estate-tail came to him entire and compleat, and is in his hands discharged of this future interest, as in case where tenant in tail sells the trees, they are severed in law, and shall go to the executors of the vendee ; but if tenant in tail dies before actual severance, they are re-united again, and shall go to the issue in tail, and the vendee has lost them, because the estate-tail is entire; and the issue in [285] tail in this case could not enter to...
To continue reading
Request your trial
-
Symonds against Cudmore
...cannot avoid it because he is a stranger, who never had any privity in the estate in tail.-S. C. Salk. 338. S. C. 1 Show. 370. S. C. Skin. 284, 317, 328. S. C. 3 Salk. 335. S. C. Garth. 257. S. C. 12 Mod. 32. S. C. Holt, 666. S. C. 1 Freem. 503. An ejectment was brought for one messuage, on......
-
Symonds v Cudmore
...677. symonds v. cudmore. [See Pemberton v. Barnes [1899], 1 Ch. 548.] S. C. 1 Salk. 338. 3 Salk. 335. Garth. 257. 4 Mod. 1. 1 Show. 370. Skin. 284, 317, 328. 12 Mod. 32. Holt, 666. Where tenant in tail with reversion in himself in fee makes a reversionary lease and dies, a fine levied by th......
-
Symonds v Cudmore
...to, Pemberton v. Barnes [1899], 1 Ch. 548.] 4 Mod. 1, S. C. 1 Salk. 338, S. C. Tenant in tail, remainder in fee, levied a fine, &c. Skinner 284, 317, 370, S. C. 1 Shower 370. 3 Danv. 196, p. 10,11. Plowd. 436, 437. 1 Eol. Abr. 841, 842, 843. Litt. 363. 1 Inat. 224. Jones 60. Bridgman 27. 4 ......
-
Symonds v Cudmore
...conusee. Estate-tail extinct by fine. Cro. Eliz. 513. Cro. Car. 103. Het. 96. Dier. 107. 3 D. 169, p. 10, 11. S. C. 4 Mod. 1. 1 Show. 370. Skin. 284, 317. 3 Salk. 335. Cases B. R. 32. Holt 666. 1 Lev. 168. In ejectment a special verdict was found, upon which the case was, tenant in tail in ......