Woodhouse v Jenkins
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1832 |
| Date | 01 January 1832 |
| Court | Court of Common Pleas |
English Reports Citation: 131 E.R. 678
IN THE COURT OF COMMON PLEAS
S. C. 2 Moo. & Sc. 599; 2 L. J. C. P. 38.
[431] woqdhouse v. jenkins. 1832. [S. C. 2 Moo. & Sc. 599; 2 L. J. C. P. 38.] ' Tenant for life, and his eldest son, the remainder-man in tail, leased to E. S. for ninety-nine years, and gave E. S., who was acquainted with their title, a bond conditioned for the due observance of their covenant for quiet enjoyment. E. S. underlet to W. for sixty years, and covenanted with W. against eviction by any one claiming under E, S., or by bis acts, means, consent, neglect, default, privity, or procurement. -Tenant for life, and his eldest son being dead without issue, W. was evicted by the next remainder-man in tail. Held that E. S. was not liable on his covenant to W., the eviction being by title paramount, which E. S. had no means of defeating. The following case, by the direction of the Vice-Chancellor, was submitted for the opinion of this Court:- Under the limitations of the will of Henry Southouse, formerly of Manuden, in the county of Essex, dated the 3d of November 1743, the freehold part of and in the Sun Tavern, situate in the Strand, in the parish of St. Martin-in-the-Fields, in the county of Middlesex, was, in and before the year 1790, vested, as to one undivided third part thereof, in Edward Southouse, of Manuden, since deceased, for an estate in tail male in possession; and as to one other undivided third part thereof, in Henry Southouse of Southampton, since deceased, for his life, with remainder to Edmund Edward Southouse, since deceased, the eldest son of the said Henry Southouse, for an estate in tail male; and as to the remaining one other undivided third part in Edward Southouse of Starcross, since deceased, for his life, with remainder to Charles Southouse, the eldest son of the said last-named Edward Southouse, for an estate in tail male, with other remainders over. In or about the month of September 1790, the said Edward Southouse of Manuden, agreed with the said Henry Southouse of Southampton, and Edmund Edward Southouse, his son, and with the said Edward Southouse of Starcross, and Charles Southouse, his son, respectively, for two several leases to be granted to the said Edward Southouse of Manuden, of the said two several last-mentioned undivided third parts of the premises for [432] two several terms of ninety-nine years each, at certain annual rents; and two indentures of lease were executed in conformity with such agreement on the 29th of September 1790; one of them, between the said Henry Southouse of Southampton, and the said Edmund Edward Southouse (described as the eldest son and heir of the said Henry Southouse), of the one part, and the said Edward Southouse of Manuden, of the other part; the other, between Edward Southouse of Starcross, and Charles Southouse (therein described as his son and heir), of the one part, and Edward Southouse of Manuden, of the other part. In these leases the lessee covenanted in the usual way to pay rent, and the lessors, for themselves severally and (&) See Giles v. Graver, 9 Bingh. 128. 9BING.433. WOODHOUSE V. JENKINS 679 respectively, and for their several and respective heirs, executors, administrators, and assigns, and for each and every of them, covenanted, promised, and agreed, to and with the lessee, the said Edward Southouse of Manuden, his executors, administrators, and assigns, that he, the said Edward Southouse of Manuden, his executors, administrators, and assigns, paying the said rent, and observing and performing, fulfilling and keeping all and every the covenants, clauses, provisos, conditions, and agreements which on his part were or ought to be paid, observed, fulfilled, and kept, should and might peaceably and quietly have, hold, use, occupy, possess, and enjoy the said messuage or tenement and other the said thereby demised premises, with the appurtenances, for and during the said term of ninety-nine years thereby granted, without any let, suit, trouble, denial, eviction, hindrance, or interruption, of or by them the lessors, or either of them, their or either of their heirs or assigns, or of or by any other person or persons whomsoever lawfully claiming.or to claim by, from, or under him, them, or any of them, or by or through his, their, or any of their acts, means, consent, or procurement. [433] Before and at the time of the agreement for the said leases of 1790, the said Edward Southouse of Manuden was aware of and acquainted with the state of the title of the lessors respectively to the said premises thereby demised. And in the year 1791 the said Henry Southouse of Southampton and the said Edmund Edward Southouse, his son, agreed with the said Edward Southouse of Manuden to give, and made and executed and delivered to him, a bond in the penal sum of 2001., the condition of which recited that in and by a certain indenture of lease, made in September 1790, between the said Henry Southouse and Edmund Edward Southouse, the obligors, of the one part, and the said...
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