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![handle is hein.slavery/ssactsengr0626 and id is 1 raw text is: 180 COMLSAM V. AUSTIN P, T:EMP. )ftICt, 'A2 .
[328] THOMAS CHELSAM and his Wife, Plaintiffs; KATHARINE AUSTIN Widow, THOMAS
AUSTIN her Son, and ANTHONY SMITH Son and Administrator of ROBERT SMITH,
Defendants. [1677.]
Lease for a long Term rendring Rent ; the Lessee entered and granted an Annuity out
of it ; the Annuity being in Arrear, the Lessee confessed Judgment to the Grantee
of the Annuity; and the Rent being in Arrear, the Lessor entered for a Forfeiture
in Non-payment, and made a new Lease to another, when both of them had Notice
of the said Annuity and Judgment.
Decreed that the new Lease should be set aside, and the original Lease revived.
About the Year 1661, Katharine Austin in her own Right, and as Guardian to
Thomas her Son, for a valuable Consideration, made a Lease of several Tenements in
Hoxton in Middlesex, to one Houghton for Life, and for 20 Years after, at £50 per Ann.
Rent.
The Lessee enter'd, and 30 Aprilis 1662, in Consideration of £200, granted an
Annuity of £30 for the Life of the Wife of the Plaintiff Thomas Chelsam, payable quar-
terly, with a Clause of Distress for Non-payment, which at Lady Day 1671, being in
Arrear £240, the said Houghton in Hillary-Term 1672, confessed a Judgment to the
Plaintiff Thomas Chelsam for £2000 to secure him against several Bonds, in which he
became bound with the said Houghton as Surety, to the Value of £1300, and to secure
some other Debts which Houghton owed him.
In Michaelmas-Term 1673, the Plaintiff Chelsam sued out an Elegit upon the said
Judgment, and extended the Premisses, which were appraised and valued, and de-
livered by the Sheriff to the Plaintiff to hold the same, till his said Judgment should
be satisfied.
But the Defendants have set up several Titles, pretending the same were precedent
to Houghton's Judgment given to the Plaintiff, and that his Lease was forfeited to
Katharine Austin for Non-payment of Rent, and that she entered and was possessed,
and made a new Iease to Smith; whereas before any such Entry made, the Plaintiff
acquainted the said Katharine Austin with the said Judgment and Extent, and offered
to pay her all the Arrears of Rent.
And that Smith the new Lessee had likewise Notice of the said Judgment; for
before he took the said Lease, the Plaintiff Chelsam had delivered an Ejectment to him
as Tenant in Possession ; and therefore prayeth that the original Lease granted to the
said Houghton, may be set up again for the Benefit of the Plaintiffs ; [329] and that lie
may be in the same Condition as before the new Lease was granted.
Houghton by his Answer confesses the Annuity granted to the Wife of the Plaintiff,
and that he had Judgment against him for £2000, but that the Plaintiff agreed it should
not be used against him, but to prevent other Creditors.
The Austins admit the Lease to be made to Houghton, and say that the Rent was
in Arrear at Christmas last £252, 10s. Gd.; they admit likewise that Chelsam the Plaintiff
acquainted them with his Annuity of £30 per Annum, and that long before Katharine
Austin entered, she acquainted him with what Rent was in Arrear.
Then they set forth, that upon Smith's Paying £32, 1Os., Od., Part of the Rent Arrear,
they demised Part of the Premisses to him for forty-one Years, under the Rent of a
Pepper-corn; and that upon his Payment of £120 more, the Remainder of the said
Arrears, they demised to the said Smith the Rest of the Premisses for ninety-nine Years,
if Houghton should so long live, and 21 Years after his Death at the Rent of £50 per
Annum, except the three last Years, for which a Pepper-corn was only to be paid.
Smith confesses, that Houghton had a prior Lease of some Part of the Preniisses;
but that he the said Houghton had granted an Annuity out of the same of £8 per Ann.
to Francis Reddis and John Staines, before lie granted the Annuity of £30 per Ann.
to the Plaintiff's Wife, which Annuity of £8 per Annum the Defendant Smith purchased;
and also another Annuity of £10 per Annum granted to one Coney and his Wife, and
to the Survivor, &c.
And confesses the new Lease made to him by Katharine Austin ; but that lie heard
nothing of the Plaintiff's Annuity till lately.
The Plaintiffs insist by their Counsel, that Smith having Notice of their Annuity
and Judgment before the new Lease was granted to him, that such Lease was made
on purpose to defeat their Title ; and therefore he ought to account for the Rents and
Profits ever since he bath been in Possession.](ViewImageLocal?handle=hein.slavery/ssactsengr0626&div=1&collection=&method=preview&ext=.png&size=3)