Chambers v Gaussen

• Jurisdiction: Ireland
• Judgment Date: 06 December 1844
• Date: 06 December 1844
• Court: Court of Chancery (Ireland)

Chancery.

CHAMBERS

and

GAUSSEN.

Sheppard v. DoolanUNK 5 Ir. Eq. Rep. 6; S. C. 3 Dru. & War. 1.

Taylor v. Pollard Lyne, App. c. 16, p. 72.

Sheppard v. DoolanUNK 4 Ir. Eq. Rep. 654; S. C. Fl. & K. 598.

CASES IN EQUITY:. 576 18411. akeineek0. CHAMBERS v. GAUSSEN. THE bill in this cause was filed for specific performance of an agreement for sale of the lands of Creagh Moyola, in the manor of Castledawson, parish of Artrea and county of Londonderry ; and the object of it was, to have the opinion of the Court as to whether a certain lease was a lease for lives with covenant for perpetual renewal. The lease in question bore date the 16th of March 1769, and after reciting that the Right Honorable Arthur Dawson was seized in fee of the lands in question, witnessed that he demised the said lands containing 240 acres or thereabouts to James Boyle, his heirs, exeÂcutors, administrators and assigns, to hold "for, and during the natural life and lives of Alexander Boyle, second son of the lessee, aged twenty-one years ; James Irwin, son of Mr. John Irwin, of Mullamore in the county of Tyrone, aged about four years ; and Hugh Boyle, first son of John Boyle, of Dungiven in the county of Londonderry, aged about seven years old, and the survivor or survivors of them ; and for and during the life and lives of such other person and persons as shall be nominated and appointed by the said James Boyle, his heirs and assigns, upon the death of any of the persons for whose lives the premises are hereby granted, and upon the death of such person or persons as shall at any time hereafter be nominated and appointed, for ever, according to the covenants and agreements for that purpose hereÂinafter expressed," at a rent of two shillings for the English acre. The lease contained no covenant by the landlord for renewal. But the lessee covenanted that he, his heirs and assigns, would, " within six calendar months after the decease of each of the persons whose lives are herein mentioned, and of each person who shall hereafter be nominated and appointed, pay in the nature of a fine for each person so dying, unto the said Arthur Dawson, his heirs and assigns, one pepper-corn, if demanded." There were the usual powers of distress and entry on nonpayment of the rent, and covenants by the lessee to keep the preÂmises in repair, and to deliver up the premises in good repair at the end or determination of the lease ; and a covenant by the landlord that " the said James...