Symonds v Cudmore
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 296
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Hill. 5 W. & M. Rot. 743.
Referred to, Pemberton v. Barnes [1899], 1 Ch. 548.
3. symonds versus cudmore. [Hill. 5 W. & M. Rot. 743.] [Referred to, Pemberton v. Barnes [1899], 1 Ch. 548.] Carth. 257, S. C. 2 Salt. 619, name of Symonds versus Cadmore. A tenant in tail, remainder to A. fee, makes a lease and dies before commencement, and the issue levies a fine, the lease is good against 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 reversion after a lease for years, remainder to tenant in tail in fee, made a lease to commence at a day to come, and died before the day, having issue; after the death of 18ALKELD, 339. FINES 297 tenant in tail, but before the day, the issue levied a fine : in this case the whole Court agreed, that the remainder in fee stood chargeable with this lease, and it should have been served out of the remainder in fee, had tenant in tail died without issue. 2dly, It was held that the estate-tail was extinct by the fine, as much as if tenant in tail were dead without issue. 1st, Because two fees immediately expectant one upon another, cannot subsist in the same person. 2dly, Because by the 32 H. 8, c. 36, the fine is declared to be a bar and a discharge of the estate-tail. 3dly, Because the Statute of Westm. 2, having made estates-tail a kind of particular estate, they are (the protection of the statute being gone by the fine) like all other particular estates, subject to merger and extinguishment when united with the absolute fee. Tenant in tail, remainder to the King; tenant in tail makes a lease for years, and is attainted, the King shall avoid the lease ; for the estate-tail is as much gone by merger, as if tenant in tail was dead without issue. If there be tenant for life, reversion to A. in fee, and A. makes a lease for years, and then tenant for life and he in reversion join in a fine, the lease shall take effect presently; not but that the estates passed severally, according to Bredom's case; but they are now consolidated; or else, if the couusee should die during the life of the conusor, there would be an occupant. Eyre, Gregory, and Dolben denied 1 Inst. 46 b...
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Symonds against Cudmore
...in' Court; Kelynge, Chief Justice, who spoke nothing to the point; and Twisden and Wyndham, Justices, who were divided in opinion. (e) 1 Salk. 338. 1 Leon. 85. 2 Leon. 37. 4 Com. Dig. 27. (d) 2 Leon. 37. (a) Dyer, 51. (b) Lynch v. Spencer, Cro. Eliz. 513. 3 Co. 50. (c) 1 Sid. 260. S. C. 1 L......
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Symonds v Cudmore
...IN BANCO REGIS 379 dk term. S. hil. 1692. in banco regis. case 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 ......
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Symonds v Cadmore
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Simonds v Cudmore
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