Varley and Others v Leigh
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1848 |
| Date | 31 May 1848 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 567
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 17 L. J. Ex. 289. Considered, Thomas, v. Sylvester, 1873, L. R. 8 Q. B. 371. Approved, Christie v. Barker, 1884, 53 L. J. Q. B. 541. Referred to, In re Herbage Rents, Greenwich: Charity Commissioners v. Green, [1896] 2 Ch. 817.
zx. 7. VARLEY V. LEIGH 567 varley AND others v. leigh. May 31, 1848.-Debt lies on an express covenant for payment of a freehold rent charged on land conveyed in fee. [S. C, 17 L. J. Ex. 289. Considered, Thomas v. Sylvester, 1873, L. K. 8 Q. B. 371. Approved, Christie v. Barker, 1884, 53 L. J. Q. B. 541. Referred to, In re Herbage Rents, Greetivrich: Charity Commissioners v. Green, [1896] 2 Ch. 817.] ; Debt. The declaration stated, that the plaintiffs, before and at the time of the Commencement of this suit, were, and from thence hitherto have been, and still are, Overseers of the poor of the township of Newton, in the parish of Manchester, iu the uounty palatine of Lancaster, according to the form of the statutes &c. ; that heretofore, to wit, on &c., by a certain deed or instrument in writing, then made under and lj)y virtne of and according to the provisions of a certain act of Parliament, passed in the fifth year of the reign of King George the Fourth, intituled "An act for confirming Certain leases, and a, conveyance in fee of certain plots of land, allotted by an act made in the forty-second year of the reign of King George the Third, for dividing, allotting, and inclosing the common or waste situate in the manor of Newton, in the county palatine of Lancaster, to the overseers of the poor in the township of Newton, and for enabling the said overseers to sell and convey iu fee other plots of land, all formerly part of the said waste, for building upon, in consideration of yearly chief or ground rents to b reserved for the same;" which said deed or instrument, sealed with the respective seals of \V. Barratt, [447J J. Rigg, V. Lancashire, T. Lancashire, J. Wood, W. Howarth, H. Isherwood, A. Taylor, and the defendant, the plaintiffs now bring :here into court, the date whereof is the day and year aforesaid, the said W. Barratt, J. Rigg, and P. Lancashire, then being the overseers of the poor of the said township , of Newton, at the request and by the direction of the said H. Isherwood, T. Lancashire, J. Wood, W. Howarth, and A. Taylor, then being five of the trustees acting under and by virtue of the said...
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