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LXXII. Trin. 15 Eliz. In the Common Pleas.
THe Case was; A Man made a Lease for years, and the Lessee Covenanted to make Reparations; The Lessor granted the Reversion to another, and the Lessee for years made his Wife his Executrix, and died: It was holden in this Case by the Court, That the Grantee of the Reversion should not recover damages, but from the time of the Grant, and not for any time before: But yet the Wife the Executrix should be charged for the not Repara∣tions as well in the time of her Husband, as in her own time▪ And if she do make the Reparation, depending the Suit; yet thereby the Suit shall not abate, but it shall be a good cause to qualifie the damages according to that which may be supposed, that the party is damnified for the not repairing from the time of the purchase of the Reversion, unto the time of the bringing of the Action. And it was said by Manwood, That by the Recovery of the damages, that the Lessee should be excused for ever after, for making of Repa∣rations; so as if he suffer the Houses for want of Reparations to de∣cay, that no Action shall thereupon after be brought for the same; but that the Covenant is extinct.