| 1491.016 |
1491 |
King's Bench? Common Pleas? |
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Releases
Condition
Quaere
Quaere |
Fairfax, Guy JKB
Bryan, Thomas CJCP Brian
Fairfax, Guy JKB |
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S., J., hypothetical payee |
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Fitzherbert Entre congeable 22
Brooke Entre congeable 90, Arrerages 11, Rents 15 |
Pasch. 20 Hen. 6, fol. 3, accord
Plowden, Commentaries 172b (previous plea?)
Rastel, Entries?, fol. 131 (previous plea?)
Perkins, Profitable Boke 151, 165 (previous plea?)
20 Hen. 6, fol. 33 (previous plea?)
15 Hen. 7, fol. 2
19 Hen. 6, fol. 78
36 Hen. 6, fol. 16
26 Edw. 3, fol. 71
9 Hen. 6, fol. 14
7 Edw. 4, fol. 3
22 Hen. 6, fol. 64
21 Edw. 4, fol. 61
Littleton, Tenures 34
7 Edw. 4, fol. 4
Perkins, Profitable Boke 166
19 Hen. 6, fol. 76
20 Hen. 6, fol. 33
7 Hen. 6, fol. 28
19 Hen. 6, fol. 42
17 Edw. 3, fol. 48
19 Edw. 3, fol. 9
46 Edw. 3, fol. 25
7 Hen. 4, fol. 8
27 Edw. 3, fol. 86 (next plea?)
34 Hen. 6, fols. 1, 18 (next plea?)
39 Hen. 6, fol. 15 (next plea?)
7 Hen. 6, fol. 24 (next plea?)
9 Hen. 6, fol. 29 (next plea?) |
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| Nota, l' Opinion de Fairfax, que si on fait leas reservant rent sur condicion, que si l' rente soit aderer |
11 |
note, the opinion of Fairfax JKB, that if one make a lease reserving rent on a condition that if the rent be in arrears at a feast, etc. and a month afterward, he (the lessor) (will) enter, (then) even though he (lessor?) comes at the feast and afterwards to demand the rent before the last day of the month, and the other (lessee) is not there, but the last day (of the month) he (lessee) is there, and at the last instant of the day, and the other (lessor) is not there to receive (the rent), he (lessor) cannot enter
and so it was held by Bryan CJCP in Common Pleas the same Term
and so it is clear (that) if one be obliged on a condition that he pay before the feast of Michaelmas to J.S., etc.; so he is not bound to pay, nor tender until the last instant, etc. (that the obligee may) enter there; so etc.
note
but if he (obligor) comes and tenders, and the other (obligee) does not want to receive (payment), there perhaps without the request before the (payment) day the other (obligor) is excused
query this
and also Fairfax JKB said for law in the same case, if he (obligee) enter for default of payment, he (obligee) will have the land and the rent which was due
which note
Reporter (R.): but query, if he (obligee) demands the rent, and the other (obligor) is not there, so that he (obligee) can enter, and he (obligee) does not enter, but the other (obligor) occupies for two or three years afterwards, and then the feoffor (obligee) enters without a new request (as he (obligee) can, whther he will have the rent after (should be: without) the request
see Pasch. 20 Hen. 6, fol. 3, accordant |
Note
Opinion
Lease
Making Lease
Reserve
Reserving
Rent
Condition
On Condition
Arrears
Feast
Month
Entry
Even Though
Demand
Day
Last Day
Last Day Of The Month
Instant
Last Instant
Last Instant Of The Day
Receipt
Receiving
Holding (tenu)
Term
Clarity
Obligation
Payment
Tender
Coming
Perhaps (peradventure)
Request
Without Request
Excuse
Query
Case
Default
Default Of Payment
Due
Reporter (R.)
Occupation
Year
Feoffor
New Request
Sight (Voies)
Folio
Accord
Accordingly |
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