Vivian v Champion
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | High Court |
English Reports Citation: 92 E.R. 245
COURTS OF KING'S BENCH AND COMMON PLEAS
See Jones v. Simes, 1890, 43 Ch. D. 610; Joyner v. Weeks [1891], 2 Q. B. 36; Conquest v. Ebbetts [1896], A. C. 493.
aLD.RAYM.UZS. EASTER TERM, 4 ANN^E BEGINS 245 [1126] easter term, 4 ann^e reginje, B. R. 1705. vivian vers. champion. [See Jones v. Simes, 1890, 43 Ch. D. 610; Joyner v. Weeks [1891], 2 Q. B. 36; Conquest v. Ebbetts [1896], A. C. 493.] S. C. Salk. 141. In covenant by an heir against a tenant for suffering premises to be out of repair, no objection can be taken to the breach tho' part of the time during which it states that the defendant suffered the premises to be out of repair, was in the life-time of the plaintiffs ancestor. S. C. Holt 178. In an action of covenant the plaintiff declares, quod cum his ancestor per quandam indenturam suam facbam apud, &c. cujus quidein indenturae alteram partem sigillo J. S. leaving out sigillatam, idem the plaintiff in Curia profert, &c. had demised to the said J. S. the premises for ninety-nine years, if three lives should live so long; and sets out a covenant in the lease, whereby the lessee covenanted to repair the premises from time to time, and to leave them repaired at the end of the term; and shews, that the lessee assigned to the defendant, and that 15th Decemb. 8 Will. 3, his ancestor died seised, and the reversion descended to the plaintiff, and assigns the breach, quod post confecbionem dictae indenturae of assignment to the defendant, et post mortem of the ancestor of the plaintiff, et post the descent of the reversion to the plaintiff, viz. 1st April tertio of the Queen, et per decem annos tune ultimo elapsos, the defendant had permitted the premises to be out of repair. Upon issue joined, whether the premises were out of repair, there was a verdict for the plaintiff, and intire damages. And now Serjeant Darnall moved in arrest of judgment, that the breach was laid in part in the ancestor's time, and consequently, that the plaintiff had recovered damages for a breach in his ancestor's time, which was ill. The death of the ancestor is laid 15th Decemb. 8 Will. 3, and the breach is, that the defendant lab April tertio, et per decem annos, &c. which reaches to a matter of four years before the ancestor's death. Secondly, that it did...
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