A Treatise on RentsJ.S. Littell, 1838 - 65 σελίδες |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
acre action of debt afterwards apportioned apportionment arrears of rent assigns attornment avowry BARON GILBERT becomes due chargeable chattel clause of distress co-parcener consequently construed contract death deed deed poll demand the rent determined discharge disseisin distrain donor Eliz eviction executors extinguished feoffee feoffment feoffor feud feudal donation feudal law freehold gift in tail given grantor grants a rent heirs hold inheritance intitled lessee lessor liable lord and tenant manor ment mesnalty mesne Michaelmas nature nomine pœnæ non-payment oath of fealty oblige the tenant obliged to pay paid parties pay the rent payable payment penalty person pledges possession profits proviso quia emptores re-entry reason recover recovery of rent remedy by distress rent charge rent issues rent reserved rent seck rent service replevin reserving rent retribution reversion Sect seignory seised stranger tenure term thing tion Vent void whole rent writ of annuity yearly
Δημοφιλή αποσπάσματα
Σελίδα 30 - ... it is hereby further enacted by the authority aforesaid, That from and after the said first day of AI:iy , one thousand seven hundred and ten, it shall and may be lawful, for any person or persons, having any rent in arrear or due upon any lease for life or lives, or for years, or at will, ended or determined, to distrain for such arrears, after the determination of the said respective leases, in the same manner as they might have done, if such lease or leases had not been ended or determined.
Σελίδα 59 - ... tenant enjoys the thing during the contract; and therefore if part of the land be surrounded or covered with the sea, this being the act of God, the tenant shall not .suffer by it, because the tenant without his default wants the enjoyment of part of the thing which was the consideration of his paying the rent; nor has the lessor reason to complain, because if the land had been in his own hands, he must have lost the benefit of so much as the sea had covered.
Σελίδα 8 - ... to lands which were originally granted to make profit of, the judges have gone as far as they could to pursue the intention of such original donations, and therefore have admitted such reservations to be good immediately, since the lands in which the grantor had the reversion were origmally given for that purpose, viz., to make profit of.
Σελίδα 34 - ... facias tenementum illud resesiri,' <Sfc. ; and consequently the party that brings this writ must found it upon an actual seisin of which he has been divested, for otherwise this remedy is not commensurate to his case ; and therefore here it is farther necessary to inquire what shall be a sufficient seisin to ground an assize upon.
Σελίδα 43 - Littleton of a feoffment in fee, reserving a yearly rent, with a condition that, if the rent be behind, it shall be lawful for the feoffor and his heirs to enter.
Σελίδα 46 - A rent is something given by way of retribution to the lessor, for the land demised by him to the tenant, and consequently the lessor's title to the rent is founded upon this : that the land demised, is enjoyed by the tenant during the term included in the contract ; for the tenant can make no return for a thing he has not. If, therefore, the tenant be deprived of the thing letten, the obligation to pay the rent ceases, because such obligation has its force only from the consideration, which was...
Σελίδα 23 - ... being once defeated, is not to be restored by any subsequent payment ; and it is presumed, that the tenant is there residing on the premises in order to pay the rent, for the preservation of his estate, unless the contrary appears by the lessor being there to demand it: and therefore, unless there be a demand made, and the tenant thereby, contrary to the presumption, appears not to be upon the land ready to pay the rent, the law will not allow the lessor the benefit of re-entry, to defeat the...
Σελίδα 32 - Determination thereof ; it is hereby further enacted by the Authority aforesaid, That, from and after the Publication of this Act, it shall and may be lawful for any Person or Persons, having any Rent in arrear or due upon any Lease for Life, or Lives, or for Years, or at Will, ended or determined, to distrain for such Arrears after the Determination of the said respective Leases, in the same Manner as they might have done, if such Lease or Leases had not been ended or determined...
Σελίδα 57 - But there is no colour or reason why the whole rent should be suspended, (a-) when the lord or lessor takes a lease of part of the land; because here is the concurrence of the tenant, who, by his own act and consent, parts with so much of the land as is re-demised, and thereby supersedes the former contract as to such part.
Σελίδα 30 - ... for life died, the lessor might have an action of debt for the arrears : because the land was no longer a security for the rent, and therefore the chattels of the tenant were liable to satisfy the arrears in an action of debt wherever the tenant removed them. So it was in the case of a rent charge ; for if a man were seised of it in fee, and it was arrear, he could have no action of debt for the arrears; and if he died, his heir could not have any real action for the arrears, for that is proper...