The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

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Title
The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.
Author
Blount, Thomas, 1618-1679.
Publication
London :: Printed for T. Twyford, and are to be sold by Hen. Twyford ...,
1670.
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Subject terms
Bankruptcy -- Great Britain.
Fraudulent conveyances -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/A28470.0001.001
Cite this Item
"The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A28470.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.

Pages

Pasch. 39 Eliz. Rot. 233. In the Kings-Bench,

Collins and Harding's Case.

The Case was; A man seized of Lands in Fee; and also of Lands, by Copy of Court-Roll in Fee, according to the Custom of the Mannor, made one intire Demise of the Lands in Fee, and of the Lands holden by Copy, according to the Custom to Harding for years, rendring one intire Rent, and afterwards the Lessor surrendred the Copy-hold Land to the use of Collins and his Heirs: and at another time granted by Deed the Reversion of the Free-hold Lands to Collins in Fee, and Harding at∣torned: and afterwards, for the Rent behind, Collins brought an Action of Debt for the whole Rent: And it was objected, That the reservation of the Rent was an entire Contract; and, by the Act of the Lessee, the same

Page 406

cannot be apportiond: and therefore if one dmise 3 Acres, rendring 3 s. Rent, and afterwards bargains and sells the reversion 〈◊〉〈◊〉 one Acre, the whole Rent is gone, because the Contract is entire, &c. Also the Lessee by that shall be subject to two Feal••••es, where he was sub∣ject but to one before.

To these Points, it was answered and Resolved, That the Contract was not entire, but that the same by Act of the Lessor, and Consent of the Lessee, might be divided and severed; for the Rent is incident to the Reversion, and the Reversion is severable, and by consequence the Rent also: for accessorium sequitur naturam su principlis. And as to the two Fealties, to that the Lessee shall be sub∣ject, though the Rent shall be extinct; for Fealy is by necessity of Law incident to the Reversion; but the Rent shall be divided, pro rata portionis, and so it was adjudg∣ed.

And it was also adjudged, That though Collins come to the Reversion by several Conveyances, and at severall times, yet he might bing an Action of Debt for the whole Rent, Hill. 43 Eliz. Rot. 243. West and Lassels Case. So Hill. 42 Eliz. Rot. 108. in the Common Pleas, Ewer and Moyls Case.

Note, It was adjudged, 19 Eliz. in the Kings-Bench, that where one obtained a Prohibition upon Prescripti∣on, de modo Decimandi, by payment of a sum of money, at a certain day, upon which Issue was take, and the Ju∣ry found the modus Decimandi by payment of the said sum; but at another day, the Case being well debated; at last, it was Resolved, That no Consultation should be grant∣ed, for though the day of payment may b mistaken, yet a Consultation shall not be granted where the Soit∣tual Court hath not Jurisdiction of the Cause. Taafi ld Chief Baron hath the Report of this Cause.

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