An acceptance of rent cannot es- tablish an estate or a lease abso- lutely void, it renders good only an estate voidable by entry. 270 Acceptance of rent creates a te- nancy from year to year, and en- titles the party to a notice to quit, in what cases. 161 Acceptance of rent is a waiver of a notice to quit, in what cases. 169. 170 The penalty of a nomine pænæ is waived by acceptance of rent. 248 If lessor accept rent after condition
broken it will bar his entry. 266 Acceptance of (single) rent accrued
after notice to quit, is a waiver of landlord's right to double rent. 349 The assignee of a reversion, who has accepted rent from the assignee of the term, may maintain cove- nant against whom. 286 Acceptance of rent from an assignee after notice of the assignment, dispenses with a condition that the lessee shall not assign without licence.
See Covenant, Debt, Notice.
See Assumpsit, Case, Covenant, Debt, Detinue, Ejectment, Replevin, Tres- pass, Trover, Waste.
Administrators and Executors. They have the same interest in the chattels of their intestate or tes- tator as the deceased had. 299 They may dispose absolutely of
terms of years in right of their
intestate or testator. 81 Executor of a lessee, who has as- signed, is liable to the same co- 277 venants as the lessee. As to notice to quit, they stand in the situation in which the de- ceased would have stood. 161 As they have the chattels of the de- ceased, so they are entitled to the evidences concerning them. 299 Trees, in what cases in the nature of a chattel, and therefore go to the executor of the lessee, and in ibid. what not. Executor or administrator of the lord is entitled to fines due in the lord's time.
298 The executor, &c. of tenant in fee shall have the emblements, if such tenant die after sowing and before
The benefit of a covenant or obliga- tion goes to the covenantee's exe- cutor, &c. in what case. 298 The executors, &c. of a bishop les- see shall have the residue of the lease. The same action that the deceased might have had, may the execu- tor, &c. have also. 300 But an executor, &c. cannot charge another for a personal wrong done to his testator. 301 Where lessee's rent is assigned by act of parliament, his executor becomes liable to covenant for rent, in what case. 271. 272 The executor, &c. is entitled to an action of covenant, on a personal covenant with their testator, whe- ther named or not. 302.303 The executor, &c. of a lessee may have covenant for the renewal of a lease. 303 Of executor charged as ter-tenant for his enjoyment of the pre- mises. ibid. The executor of a lessee when liable on covenants that run with the land. 278. 303 When charged in covenant either as executor or as assignee. 303 Upon a covenant implied an action will not lie against him. ibid. Distinction as to heir and executor respecting a covenant to repair.
302 The executor or administrator may have an action against the bailiff of a liberty for executing a fi. fa. and removing goods off premises before the landlord was paid a year's rent. In action of debt or covenant for rent, incurred after lessee's death, his executor or administrator may be charged by the lessor either as such, or as assignee. 338 An executor may have replevin for goods taken in his testator's life- 488
By action of covenant. By action of assumpsit. Stamp necessary to agreements. 30. 31
Where a note in writing is, expres- sing the quantum of rent or the duration of the term, a parol agreement substantially varying from the written contract is in- admissible. 332
Apportionment. Apportionment, what. Apportionment of rent, regulations concerning. Rent apportioned between the exe- cutor and remainder-man of te- nant in tail, in what case. between the representative and the remainder-man. 189 Case, in which the statute 11 G. 2. relative to apportionment does not apply. ibid. Quit rent will not be apportioned as between tenant for life and re- mainder-man. ibid. Where lessee accepts a new lease of part of the land demised, the rent shall be apportioned. ibid. So, in case of a reversion granted of part of the land leased. ibid. So where land and a flock of sheep were demised, in what case. ibid. Lessee may be sued for apportion- ment of rent, in what cases.
See Administrator and Executor, and Heir.
The proper covenants on the part of the assignor and assignee. Of covenants not to assign. Such a covenant is not implied by a contract to grant a lease with com- mon and usual covenants. ibid. What shall be good as an under- lease, and not as an assignment. 259 If lessee alien without licence, equity will not relieve him. 260 An assignee is liable only in respect
of his possession, in what case. 278 But under an absolute assignment of a term, he is liable before he takes possession, for what reason. ibid. A mortgagee is such an assignee.
So, the executor or administrator of the lessee is liable to the grantee of the reversion on covenants that run with the land. ibid. The lessee's executor is liable to co- venant for rent, though the les- see's estate be discharged by act of parliament. ibid. If the lessee assign the lease, he may assign a bond for the performance of covenants. ibid. But it must be done before any co- venant be broken. ibid. The assignee takes subject to all the equity to which the original party was subject. ibid. He is bound, therefore, to perform
The assignee of part of the estate of the reversion may take advantage of the condition. But not the grantee of part of the reversion. ibid. Whoever comes in by act of the party is an assignee within the ibid. But such as come in merely by act of law shall not take the benefit of the statute. ibid. The grantee shall not take advantage of a condition before notice to the lessee. ibid. But he may of a covenant. ibid. The grantee or assignee may take advantage, of what conditions.
ibid. The assignee of a reversion may bring covenant against the execu- tor of the lessee, or assignee of the term, for a breach committed after assignment, in what case.
286 Equity will not compel an assignee. of a mortgagee to repair who never entered, though he is liable at law. ibid. But the assignee of a term by way of mortgage, is liable to rent, though he never occupy. ibid. What cannot be supported as an as- signment, deemed good as under-lease. 287 What amounts to an assignment. ibid.
The grantee of a reversion cannot have debt against a lessee who has assigned over. ibid. Otherwise, if the lessee assign part only of the land. ibid.
A lessee who assigns to a stranger may have debt for the rent. 328 In debt for rent against an assignee, the venue must be laid where the land lies. So also if debt be by the assignee of the lessor against the lessee.
ibid. But it is otherwise in covenant which is transitory. ibid.
In debt for rent (as in covenant) by the assignee of the reversion a gainst the lessee, all mesne assign- 330 ments must be set forth. In an action of debt for rent incurred after lessee's death, his executor, &c. may be charged by the lessor, either as such, or as assignee, in what case. ibid. So, in covenant under similar cir- ibid. cumstances. An assignee cannot distrain, in what 305 Of the assignment of waste (see tit. waste.) 522
Of the assignment of a replevin bond.
« SebelumnyaLanjutkan » |