The same Term in the same Court. Bret versus Cumberland.
IN a Writ of Covenant the case was thus: Queen Elizabeth by her Let∣ters Patents made a Lease of certain Mills, rendring Rent, in which Lease
Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.
About this Item
- Title
- Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.
- Author
- Popham, John, Sir, 1531?-1607.
- Publication
- London :: Printed by Tho. Roycroft for John Place and are to be sold at his shop ...,
- 1656.
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- Subject terms
- Law reports, digests, etc. -- England.
- Link to this Item
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http://name.umdl.umich.edu/A55452.0001.001
- Cite this Item
-
"Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A55452.0001.001. University of Michigan Library Digital Collections. Accessed June 9, 2024.
Pages
Page 137
were these words, to wit, That the said Lessee his Executors, Administrators, and Assigns, should from time to time repair the Mills, and so leave them at the end of the Term, the Lessee assigns over his Term, the Queen also grants over the Reversion, the first Lessee dies, and the Grantee of the Reversion brings a Writ of Covenant against his Executors; In which case there were two points. 1. Whether these words. And the said Lessee his Executors, Ad∣ministrators, and Assigns, shall from time to time, &c. make a Covenant, or * 1.1 no. 2. Whether (as this case is) it will lye against the Executors of the Les∣see.
As to the first point it was agreed that it is a Covenant, for being by In∣denture it is the words of both parties, and it is more strong being in the case of the Queen.
Haughton laid, that 25 H. 8. Tit. Covenant. Covenant will lye against a Lessee after assignment, but Debt lyeth not for Rent after the Lessee hath accepted the Assignee for his Tenant, and therfore it seems that by the ex∣presse words of the Covenant that the Action lies.
Doderidge Iustice contra, for between the Queen and the Lessee there is privity of Contract, and also of Estate, so that the Queen her Heirs and Successors might have had an action against the Lessee or his Executors, up∣on the privity of Contract; and where the Lessee ••ssigns over, the privity of Contract remains, but the privity of Estate is gone to the Assignee, and now when the Queen grants over the Reversion, the privity of Contract is utterly determined, wherby the Action of Covenant cannot be maintained against the first Lessee, or his Executors, who are more remote: to which Mountague chief Iustice agreed, see 2 H. 4. 6. 6. H. 4. 1. and Co. lib. 3. Wal∣kers case, and the Iudgments there cited, Et adjournator.
Notes
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* 1.1
Whether Co∣venant lies a∣gainst the Ex∣ecutor of a Lessee after assignment.