The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt:, the surrender is to one of two reversioners.) In Right d. Fisher v. Cuthell (2) it was held, that a notice given by two out of three joint devisees of the lessor was insufficient. It is true that there the proviso in the lease for twenty-one years, giving power to determine it at the end of fourteen years, required the notice by landlord or tenant, or their respective heirs, executors, &c., should be "in writing under his or their respective hand or hands; " but the principle upon which the judgment proceeds is not confined to the particular circumstance of the case. (lIxu1.n, J.: In the case of a surrender to one of two lessors, will the lessor not accepting the surrender become tenant in common with the lessee?) (1) Cro. Eliz. 737, 802; S. O. per nom. Tucker's case, 2 C0. Rep. 62, the names being locally idem sonantia. (2) 7 R. R. 752 (5 East, 491). And see S. U. 5 Esp. N. 1'. C. 149;'! J. P. Smith, 83. In the latter report it is said that the words "under their respective hand or hands," were not in the plaintiH's brief. It is more likely that they were omitted there for brevity or by carelessness, than that they were interpolated in the defendant's brief, and then argued upon as if they had been in both. In a lease at will, if there be two lessors and one lessee, or one lessor and two lessees, the discontinuance of the will, on the part of any one of the three parties, would put an end to the tenancy. So it would be in the case of a demise at will de an no in rlnnmn; the tenancy, though classed among He would (I). The party 'setting up the act must show that it was for the benefit of the estate: Bud v. Tucker. Supposing the surrender to be good, its greatest efiect more

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  • Paperback | 396 pages
  • 189 x 246 x 21mm | 703g
  • United States
  • English
  • black & white illustrations
  • 1236972066
  • 9781236972064