Thursby and Others v Plant
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1845 |
| Date | 01 January 1845 |
| Court | Court of the King's Bench |
English Reports Citation: 85 E.R. 254
COURT OF KING'S BENCH
Considered and followed, Whitaker v. Forbes, 1875, 1. C. P. D. 52; In re Blackburn Building Society, 1889, 42 Ch. D. 347. See David v. Sabin [1893], 1 Ch. 537; Rogers v. Hosegood [1900], 2 Ch. 395; Stuart v. Joy [1904], 1 K. B. 367.
..i 254 THURSBY V. PLANT 1 WMB. BAUND. 230. [230] 35. thursby and others versus plant. Mich. Anno 20 Kegis nunc. Eol. 710. [Considered and followed, Whitaker v. Forbes, 1875, 1 C. P. D. 52 ; In re Blackburn Building Society, 1889, 42 Ch. D. 347. See David v. Sabin [1893], 1 Ch. 537 ; Rogers v. Hosegood [1900], 2 Ch. 395 ; Stuart v. Joy [1904], 1 K. B. 367.] London, to wit. - Be it remembered, that heretofore, to wit, in Easter term, in the 19th year of the reign of our Lord Charles the Second, now King of England, &c. before our lord the King at Westminster, came William Thuraby Esquire, and Thomas Hall Esquire, assignees of Theophilus Earl of Lincoln, by George Hill their attorney, and brought here into the Court of our said lord the King then there, their certain bill against Anthony Plant gent., otherwise called Anthony Plant of Fowingham, in the county of Lincoln, gent, in the custody of the marshal, &c. of a plea of covenant broken ; and there are pledges of prosecution, to wit, John Doe and Richard Roe ; which said bill follows in these words, to wit : London, to wit, William Thuraby Esquire, and Thomas Hall Esquire, assignees of Theophilus Earl of Lincoln, complain of Anthony Plant gent., otherwise called Anthony Plant of Fowingham, in the county of Lincoln, gent., being in the custody of the marshal of the Marshalsea of our lord the King, before the King himself, of a plea of breach of covenant ; for that whereas the said Right Honourable Theophilus Earl of Lincoln, on the [231] 12th day of June, in the 14th year of the reign of His present Majesty, was seised of the manor of Fowingham, in the county of Lincoln, together with all its rights, members, and appurtenances, and of all the messuages, lands, tenements, and hereditaments hereafter mentioned to be demised to the said Anthony Plant, in his demesne as of freehold, for the term of his natural life. And being so thereof seised, he the said earl, on the same day and year aforesaid, at London, to wit, in the parish of St. Dunstan in the West, in the ward of Farringdon Without, by a certain indenture made between the said earl, by the name of the Right Honourable Theophilus Earl of Lincoln, of the one part, and the said Anthony, by the name of Anthony Plant of Fowingham, in the county of Lincoln, of the other part, (which other part, sealed with the seal of him the said Anthony, they the said William and Thomas bring here into Court, the date whereof is the same day and year aforesaid,) for the considerations mentioned in the said indenture, demised, granted, and to farm let, to the said Anthony, the several messuages, lands, tenements, and hereditaments following : that is to say, all that messuage in Fowingham aforesaid, newly built and erected in the place where stood a house formerly called or known by the name of John Barnard's house, with a certain yard called Castleyard, in Fowingham aforesaid, then or late in the tenure or occupation of the said Anthony Plant ; and all that piece of land whereon a cottage, late in the occupation of John Roberts, stood ; and also all that piece of land upon which stood a cottage or tenement, late in the occupation of James Thomson, or his assigns ; and all that close of pasture called Hopwell, containing by estimation 104 acres, whether more or less, theretofore in the tenure or occupation of Richard Wright, or his assigns ; and also all that close called Lambcroft, containing by estimation 22 acres whether more or leas, theretofore in the tenure or occupation of Henry Hydes, or his assigns ; and also all those closes of pasture known by the name or names of Malesfield and Damhills, containing by estimation 50 acres, whether more or less, theretofore in the tenure or occupation of Lott Male, clerk, or his assigns ; and also all that close of pasture, containing by estimation 104 acres, whether more or less, known by the name of Galley-Close; and all that close of meadow called Brethrenbeck, containing by estimation 22 acres, whether more or less, theretofore in the tenure or occupation of Lawrence Goodman or his assigns ; and all that one cottage, late in the possession of John Wright ; and also all that close of pasture commonly called the House-Close, or the West Coney Gree ; and all that close of pasture commonly called the East Coney Gree and Foxes Holes, theretofore in the tenure or occupation of [232] Anthony Hodgkin or Humphry Byal or their assigns ; and all that messuage or tenement, theretofore in the possession of Richard Gunny or his assigns ; and all that close of pasture called by the name of Milnefield, containing by estimation 59 acres, whether 1WMS.BADND.23S. PASCH. 21 CAR. II. REGIS 255 more or less; and one close of pasture called by the name of Greysfield; and all that one other close called by the name of Swallow-Close, as then divided into two parts; and one other close called Peasdales; and one other close called Milnefield ; and one other close called Gillpitts; and all that cottage late in the possession of the widow Palfriraan; and all that one other cottage late in the tenure or possession of the widow Sandy; and all that cottage then or late in the possession of John Clark; and all that cottage then or late in the possession of Henry Garrett or his assigns; and all that messuage, dwelling-house, or farm, then or late in the tenure of Thomas Bennett or his assigns; that is to say, one close of pasture called or known by the name of Damin-Close, containing 12 acres, whether more or less; and one other close, called the Castle Orchard, containing 14 acres, whether more or less; one other close, called the Parsons Close, containing 9 acres, whether more or less; one small close of pasture, called Craven's Close, containing two acres, whether more or less; one close of pasture, called Savage-Close, containing three acres, whether more or less; one other close, called Brauocewelldale, containing 22 acres, whether more or less; and also one piece, called the Cornfield, containing 40 acres, whether more or less; and all barns, stables, edifices, ways, commons, profits, and commodities thereunto belonging or appertaining; and all that messuage late in the tenure or occupation of Thomas Nixon or his assigns; and all those two closes, commonly called by the name or names of Beacon-Close and Sandpit, containing in the whole, by estimation, 108 acres, whether more or less, and late in the tenure or occupation of Richard Wright and Thomas Wright or their assigns; arid all that piece or parcel of land, called by the name of Everet Willows, containing by estimation 22 acres, whether more or less, late in the tenure or occupation of John Sale or his assigns; and also all that close of pasture, called by the name of Greenfield, containing by estimation 40 acres, whether more or less, late in the tenure or oocupation of John Litherland or his assigns; and all that piece or parcel of land, known by the name of the West part of Crownfield; together with certain^ closes called Dry Leaze and Strong Leaze, containing in the whole, by estimation, 60 acres, whether more or less, and late in the tenure or occupation of Thomas Crown or his assigns; and all those two small cottages late in the possession of the widow [233] Bee or her assigns: all which said messuages, cottages, and premises are situate, lying, and being in the parish, townships, fields, and precincts of Fowingham aforesaid, and Walcott, or one of them in the said county of Lincoln, and then on late were in the tenure or occupation of the said Anthony Plant, his tenants or assigns, (except as in the said indenture is mentioned to be excepted,) and the reversion and reversions, remainder and remainders, of the said messuages, lands, and premises with their and every of their appurtenances (except as before excepted); to Jtave and to hold the said messuages, cottages, lands, and premises, and every part and parcel thereof, (except as before excepted,) with their and every of their appurtenances, to the said Anthony Plant, his executors, administrators, and assigns, from the Feaab of the Annunciation of the Blessed Virgin Mary then last past before the date of the said indenture, for and during the full end and term of 21 years then next following, and fully to be complete and ended, yielding (1) and paying therefore yearly, and every year, during the said term, to the said earl, his heirs and assigns, the rent or sum of 5701. Is. 4d. of lawful money of England, on the Feasts of St. Michael the Archangel, and the Annunciation of our Blessed Lady Mary, by even and equal portions, at or in the audit-chamber in Sempringham-hall in the said county, without any deduction, rate, assessment, or taxation imposed or to be imposed upon the premises, or any part thereof, by any law whatsoever. And the said Anthony Plant did for himself, his heirs, executors, and administrators, covenant and grant to and with the said Earl of Lincoln, his heirs and assigns, by the said indenture, that he the said Anthony Plant, his executors, administrators, and assigns, (1) An action of debt or covenant lies for non-payment of the rent, on this word yieldiiiif, in a lease for years ; for it is an agreement to pay the rent, which will make a covenant. 1 Rol. Abr. 519, pi. 10. 1 Sid. 266, Hellier v. Casbard. 1 Sid. 447. So if the lease be, yielding such a rent, free and clear from all manner of taxes, charges, and impositions whatsoever, covenant lies if the lessee does not pay the whole rent, discharged of all taxes before or afterwards imposed. Garth. 135, Giles v. Hooper. 256 THURSBY V. PLANT 1 WMS. BADND. 233. sbould yearly, and in every year, during the...
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