Walton v Waterhouse
| 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. 1226
COURT OF KING'S BENCH
Referred to, Serjeant v. Nash [1903], 2 K. B. 314.
[415] 69. walton versus waterhouse. Pasch. 24 Car. II. Eegis, Rot. 180. [Referred to, Serjeant v. Nash [1903], 2 K. B. 314.] London, to wit.-Be it remembered, that on Wednesday next after 15 days of Easter in this same term, before our lord the King at Westminster came Thomas Walton gent., son and heir of Thomas Walton his late father deceased, one of the clerks of Sir Robert Henley Knt., chief clerk of our lord the King assigned to enrol pleas in the Court of our said lord the King before the King himself, according to the liberties and privileges for such chief clerk and his clerks from time whereof the memory of man is not to the contrary used and approved of in the same, in his proper person, and brought here into the Court of our said lord the King then there his certain bill against Jasper Waterhouse gent, one of the clerks of Sir Thomas Fanshawe Knt., coroner and attorney of our said lord the King in the said Court a WMi. BAUHD. 6. PASCH. 24 CAR. II. REGIS 1227 of our aaid lord the King [416] before the King himself present here in Court in his proper person, of a plea of breach of covenant, 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, Thomas Walton gent., son and heir of Thomas Walton deceased, one of the clerks of Sir Robert Henley Knt., chief clerk of our said lord the King assigned to enrol pleas in the Court of our said lord the King before the King himself, according to the liberties and privileges for such chief clerk, and his clerka from time whereof the memory of man is not to the contrary used and approved of in the same, in his proper person complains of Jasper Waterhouse gent, one of the clerks of Sir Thomas Fanshawe Knt. coroner and attorney of our said lord the King in the Court of our said lord the King before the King himself present here in Court, in a plea of breach of covenant, for this, to wit, that whereas the said Thomas Walton the father in his life-time, to wit, on the 4th day of August in the year of our Lord 1650, was seised of and in a certain dwelling-house with the appurtenances, situate, lying and being in the parish of St. Bridget alias St. Brides, London, in the ward of Farringdon Without, in his demesne as of fee; and being so seised thereof, he the said Thomas Walton the father in his life-time, to wit, on the said 4th day of August in the said year of our Lord 1656, at London aforesaid, in the parish and ward aforesaid, by a certain indenture then and there made between the said Thomas, by the name of Thomas Walton of the parish of St. Giles's in the Fields in the county of Middlesex, citizen and sadler of London, of the one part, and the said Jasper, by the name of Jasper Waterhouse of Staple Inn, Holborn, in the said county, gent, of the other part, (which other part of the said indenture, sealed with the seal of the said Jasper, the said Thomas the son brings here into Court, the date whereof is the same day and year aforesaid,) did demise, grant and to farm let to the said Jasper Water-house the dwelling-house aforesaid with the appurtenances, by the name of all that dwelling-house or tenement then lately built in a common alley leading from Fetter-Lane to Shoe-Lane, and adjoining to certain rents belonging to the Company of Goldsmiths within the City of London, situate and being in the parish of St. Bride, otherwise Bridget, London, abutting on the west upon another tenement belonging to the said Thomas Walton, in the occupation of Michael Bennet gent., on the east on a certain parcel of ground then used for bowling, and on a garden belonging to Mr. Arthur Ruddle on the south, and on the street or King's highway oti the north, together with the use and occupation of a pump of water in common with the other tenants of the said Thomas Walton the father then or theretofore there, and with all and singular rooms, chambers, lights, easements, gardens, areas, yards, ways, passages, waters, water-courses, profits, advantages and appurtenances whatsoever to the said dwelling-house or tenement belonging, or in anywise appertaining : to have and to hold the said dwelling-house or tenement, and all and singular the other premises with their and every their appurtenances, to the said Jasper Water-house, his executors, administrators, and assigns, from the Feast of St. Michael the Archangel theu next following the date of the same indenture, to the full end and terra of 21 years from thence then next following and fully to be complete and ended : yielding and paying therefore yearly and every year, during the said term to the said Thomas Walton, his heirs and assigns, the yearly rent or sum of 151. of lawful money of England, at the four most usual feasts or terms in the year, that is to say, at the Feasts of the Birth of our Lord, the Annunciation of the Blessed Virgin Mary, the Nativity of St. John Baptist, and St. Michael the Archangel, by even and equal portions; and if [417] it should happen that the said yearly rent of 15L or any part thereof, should be in arrear and unpaid in part or in the whole for the space of 14 days next following after any of the feast days upon which the same ought to be paid as aforesaid, being lawfully demanded, that then and from thenceforth it should be lawful to and for the said Thomas Walton the father, his heirs and assigns wholly to re-enter into the said demised premises or any part thereof in tho name of the whole, and the same to re-have, retain, repossess and enjoy as in his and their first and former estate, and thereafter wholly to expel, put away ami amove the said Jasper Waterhouse, his executors, administrators, and assigns from thence, the said indenture or any thing in the same contained to the contrary thereof in anywise notwithstanding. And the said Jasper Waterhouse, for himself, his 1228 WALTON V. WATERHOUSE 2 WMB. SA0KD. 118. executors, administrators, and assigns, and for every of them, covenanted, promised, and granted to and with the said Thomas Walt cm the father his heirs and assigns, by the said indenture, in manner and form following, that is to say, that he the said Jasper Waterhouse, his executors, administrators, and assigns, or some or one of them, at his, or their, or some of their, own proper costs and charges, should well and sufficiently repair, support, uphold, maintain, amend, and keep, and against wind and tempest make defensible, the said dwelling-house or tenement, and all other the premises granted by the indenture aforesaid, in, by, and with all and all manner of needful and necessary reparations and amendments whatsoever, when, where, and us often as need should be or require during the term so demised by the indenture aforesaid ; and would also, at his and their like costs and charges, pave, repair, scour, cleanse and amend all and singular the pavements, widraughts, sewers, sinks, and gutters, of and belonging to the said demised tenement, as well within bhe said òdwelling-house, as without in the street, and the pales before the door, together with the brick-wall in the yard or back side adjoining the said bowling there, when and as often as need should be or require, and would at the end of the said term of 21 years, or other sooner determination of the said indenture, which should first happen, peaceably and quietly leave, surrender, and yield up the premises aforesaid, so well and sufficiently repaired, supported, paved, scoured, and cleansed in every particular, and all the glass and glass windows, with the shutters thereof, well and sufficiently glazed and amended, together with all such sheds and partitions as should then afterwards be erected and built on any part of the premises demised by the indenture aforesaid, as by the said indenture (among other things) more fully and at large appears. By virtue of which said demise the said Jasper òentered into the said dwelling-house with the appurtenances and was thereof possessed, the reversion thereof belonging to the said Thomas Walton the father and his heirs; and he the said Jasper being so as aforesaid possessed of the said òdwelling-house with the [418] appurtenances, and the said Thomas Walton the father being seised of the reversion of the dwelling-house aforesaid in his demesne as of fee, he the said Thomas Walton the father afterwards, to wit, on the 17th day of September in the 20th year of the reign of our said lord the now King at London aforesaid, in the parish and ward aforesaid, died so as aforesaid seised of the reversion of and in the said dwelling-house with the appurtenances; after whose decease the reversion of the said dwelling-house with the appurtenances descended to the said Thomas the son, as son and heir of the said Thomas the father, whereby the said Thomas the son was seised of the reversion of the said dwelling-house with the appurtenances in his demesne as of (1) fee. And the said Thomas the (1) Although it be a general rule that where there is a lease by indenture,(a) the lessee it estopped from alleging that the...
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