Whitlock against Horton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Exchequer |
English Reports Citation: 79 E.R. 78
IN THE EXCHEQUER CHAMBER.
case 19. whitlock against horton. Trinity Term, 2 Jac. 1. ftoll 1996. If one of two jointenants make a lease for years, to begin after his death, it will bind his companion. Post. 417. 2 Roll. Ab. 89. Co. Lit. 181. 1 Salk. 158. Carth. 506. Moor, 776. 3 Com. Dig. 266. 2 Vern. 323. What words amount to a lease. Cro. Car. 207. 486. Moor, 861. Hob. 35. Pod. 207. 398. 3 Com. Dig 248. Gilb. Ten. 233. 1 Term Kep. 735. A. and B. being joiutenauts for life, a grant made by A. of the moiety haliewliiin after the death of B. for 60 years, if A. su long live; and of the other moiety li.abewhuu after the death of A. for 60 years, if B. so long live; is bad. Pout. 417. S. C. Moor, 776. 2 Eoll. Ab. 89. Co. Lit. 186. 3 Bac. Abr. 209. 401. 2 Wils. 232. Ejectment. Upon a special verdict, the case was, that Mary Milton and Elizabeth Whitlock, being jointenants for life, Mary Milton, by indenture betwixt her and the defendant, "covenanted, granted, and agreed, with the defendant, that he shall and may have, hold, and enjoy, from atid after the death of Elizabeth Whitlock, the moiety of all those lands called Uptosts, which she holdeth in jointure with the said Elizabeth for sixty years, if she the said Mary shall so long live ; and doth demiss and grant the other moiety of the same lands from and after the death of the said Mary for sixty years, if she the said Elizabeth shall so long live." Elizabeth survives Mary : and, whether this were a good lease against Mary for any part1? was the question. After argument at the Bar by Thomas Rysden, for the plaintiff', who claimed under Mary ; and by Doderidge, Solicitor General, and Wyat, for the defendant, it was resolved, that this lease was not good for any part. First, it was resolved and agreed by all the Court, that if there be two jointenants for life, and the one makes a lease for years to begin after his death, it is good to bind his companion; as it was resolved before this...
To continue reading
Request your trial
-
Lessee Delap v Leonard
...b. Keiley V. Ahearne Batty, 19, n. Twynam V. PickardENR 2 B. & A1. 115. Hodgkins V. ThornboroughENR Pollex, 143. Whillock V. HortonENR Cro. Jac. 91. Richards V. SeelyENR 2 Mod. 79. Hewlins V. ShippamENR 5 B. & C. 221. Cocker V. CowperENR 1 C. M. & R. 418. Winter's caseENR 3 Dyer, 309. Rawly......
-
Brook against Sir Henry Montague, Recorder of London
...pertinent to the matter: but if he give in evidence any thing not material to the issue which is 78 MICHAELMAS TERM, 3 JAC. 1. IN B. R. CRO. JAC. 91. scandalous, he ought to aver it to be true, otherwise he is punishable ; for it shall be intended as spoken maliciously and without cause; wh......
-
Dudley v Vaughan
...discourse, the words being delivered only as matter of history, and not with any intention to slander, it was adjudged for the defendant. Cro Jac 91 - It seems now settled that in these cases the requisite evidence in bar of the action may be given under the general issue of not guilty. 1 W......