HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0946 and id is 1 raw text is: MIO:. 21 CAR. II. REGIS
the plea of non-claim of fines, which from thenceforth should be levied, should not
be taken nor holden for any bar in time to come. But still the person who has right,
must, by the statute 21 Jac. 1, c. 16, pursue his remedy within twenty years after
the right accrues, unless he labours under any of the disabilities specified in that
statute. Thus, where tenant in tail in possession levies such a fine, although it
be no bar to the issue, yet it operates as a discontinuance, and of course puts the
remainder-man or reversioner to his formedon, which by the last-mentioned statute
must be brought within twenty years after his title accrues.(u)
It is usual in practice, when it is doubtful whether the person who intends to levy
a fine be tenant for life, or in tail, in order to avoid the consequence of a forfeiture in
case he should be only tenant for life, to make a lease of the lands for years, determin-
able on his death, to a trustee previous to levying the fine. But if tenant for life,
with remainder to trustees to support contingent remainders, levies a fine, there is no
necessity to make such a lease, because by the forfeiture the estate will vest in the
trustee for his use during his life.(x)
(u) [See ante, p. 319 e, note (i).]
(x) [Where there is a term to attend the inheritance, and the right to the inherit-
ance has been lost by fine and non-claim, equity must follow the law, and cannot
consider him who has lost the inheritance as entitled in equity to claim the term
which is to attend it. 2 S. & Stu. 213. And even where a trustee of a term for
payment of debts purchased the inheritance from a tenant for life, and had it conveyed
to him by fine and feoffment, it was held that the remainder-man was barred. 2 S. &
Stu. 206, Reynolds v. Jones.]
(319] 54. PORDAGE versus COLE.
Hil. 20 & 21 Car. II. Regis, Rol. 1607.
[Applied, Lloyd v. Lloyd, 1837, 2 My. & Cr. 204. Referred to, Elderton v. Emmens,
1848, 6 C. B. 175. Approved, Marsden v. Moore, 1859, 4 H. & N. 504. Explained,
Hoare v. Rennie, 1859, 29 L. J. Ex. 77 ; 5 H. & N. 19. Referred to, Churchward v.
It., 1865, L. R. 1 Q. B. 195. Paynter v. James, 1867-68, L. R. 2 C. P. 357 ; 18 L. T.
449 ; Button v. Thompson, 1869, L. R. 4 C. P. 343; Bradford v. Williams, 1872, L. R.
7 Ex. 261; Robinson v. Mollett, 1875, L. R. 7 H. L. 814; Bellini v. Gye, 1876,
1 Q. B. D. 187. Followed, Simpson v. Crippin, 1872, L. R. 8 Q. B. 17. Distinguished,
Honek v. Muller, 1881, 7 Q. B. D. 100. Referred to, Mersey Steel & Iron Company v.
Nayler, 1884, 9 App. Cas. 443; Ebbw Vale Steel & Iron Company v. Blaina Iron
Company, 1901, 6 Com. Cas. 36.]
S. C. 1 Sid. 423. 1 Lev. 274. Sir T. Raym. 183. 2 Keb. 533, 542, 543. If it be
agreed between A. and B. that B. shall pay A. a sum of money for his lands, &c. on
aparticular day, these words amount to a covenant by A. to convey the lands; for
agreed is the word of both ; but it is an independent covenant, and A. may bring
an action for the money before any conveyance by him of the land.(1)
Debt upon a specialty for 7741. 15s. The plaintiff declares that the defendant,
by his certain writing of agreement made at, &c. by the plaintiff by the name, &c.
and the defendant by the name, &c. and brings the deed into Court, &c., it was
agreed between the plaintiff and defendant in manner and form following, (viz.) that
the defendant should give to the plaintiff the sum of 7751. for all his lands, with a
house called Ashmole-House thereunto belonging, with the brewing vessels remaining
in the said house, and with the malt-mill and wheelbarrow; and that in pursuance of
the said agreement, the defendant had given to the plaintiff 5s. as an earnest; and
it was by the said writing further agreed between the plaintiff and defendant, that
(1) S. C. cited and recognised, 1 Salk. 171. 1 Lutw. 251. 12 Mod. 461, 462.
1 Ld. Raym. 665. 8 Mod. 42. 1 Salk. 113. 2 H. Black. 393. For perhaps the
conveyance cannot be made by the day appointed for payment of the money. Sir
'T. Raym. 183.
K. B. xiv.-15
449
I WNS. IqAUND. 319.](ViewImageLocal?handle=hein.slavery/ssactsengr0946&div=1&collection=&method=preview&ext=.png&size=3)