Wey against Rally
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 948
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
Referred to, Companhia de Mocambique v. British South Africa Company [1892], 2 Q. B. 402; [1893], A. C. 602.
case 283. wey against rally. [Referred to, Companhia de Mozambique v. British South Africa Company [1892], 2 Q. B. 402; [1893], A. C. 602.] Debt for rent may be brought by a lessor against a lessee in the Courts at Westminster, on a demise of lands in Jamaica; for the action is, in this case, on the privity of contract, which is transitory, and not on the privity of estate, which is local.-S. C. 2 Salk. 651. S. C. 3 Salk. 381. S. C. Holt, 705. Post, 228. Debt for rent upon a demise of lands in Jamaica, brought in London, and plea to jurisdiction of this Court, that there are Courts of Record there, in which all actions concerning lands there are determinable ; and prays judgment, if this Court has jurisdiction : and demurrer. Brotherick, in maintenance of the plea, quoted the case of Parker v. Darner in this Court (a), that debt does not lie here for rent againat the assignee of a term in Ireland. And in the principal case, if the defendant had a good local plea, as an entry and ouster made by the lessor, such a plea would want trial here: and quoted for this 3 Keb. 150, where debt was brought for rent upon demise of lands in Ireland, and it was pleaded that the Duke of York was seised in fee of the lands, and entered, and ousted the lessee, and issue there upon the entry and ouster; and by Hala, it is bad, because the issue could not be tried here. And he said, in the principal case this client was at that disadvantage ; for the house demised was casually burnt, and by an act of the State of that country ordered never to be rebuilt, and a reparation made to the lessor; and we cannot have benefit of this matter in evidence here, because the jury cannot enquire of it; and the plaintiff ia at no mischief, foe if he has not justice there, he may have a writ of error hither. Holt, Chief Justice. Your case of Parker v. Darner is good law; for being brought against the assignee, it is grounded upon the privity of estate, which is local, and therefore to be brought where the land lies ; but if it had been by the lessor against the lessee, or by the assignee of the reversion, debt or covenant upon the statute 32 Hen. 8, c. 34, it were otherwise, for then it might be upon the privity of contract, [195] which is transitory, and...
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